HomeMy WebLinkAboutAgenda 2006 11-13
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE-CHAIRMAN
TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD
November 13,2006 1 :00 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1: 10 p.m. 1. 89
1: 15 p.m. 2. 91
1 :20 p.m. 3. Public Hearing 93
To Consider Amending the Articles ofIncorporation of the Lower Cape Fear
Water & Sewer Authority to Increase the Representation of Bladen County on
the Authority's Board and Adoption ofa Resolution Approving the Change in
Membership
1 :25 p.m. 4.1 Public Hearing 99
Special Use Permit - Request by Lewis Martin & Jussara Bastos to Locate a
Bed & Breakfast Inn on 1.28 acres at 1731 Castle Hayne Road in the R-15
Zoning District (S-567, 8/06)
1:40 p.m. 4.2 Public Hearing 105
Rezoning - Request by Worsley Investment & Development to Rezone
Approximately 12 Acres Located at 5939 Judges Road near 6009 Market
Street from 1-1 Industrial District to R -10 Residential Zoning District (Z-849,
10/06)
2: 10 p.m. 4.3 Public Hearing III
Rezoning - Request by Withers and Ravenel for GSSC Properties, Sellers,
Carter, and Gaskins to Rezone Approximately 5.79 Acres Located at 609,611,
621,623, and 625 Piner Road from R-15 Residential Zoning District to 0&1
Office & Institutional Zoning District (Z-850, 10/06)
2:40 p.m. Break
2:50 p.m. 4.4 Public Hearing 117
Conditional Use Zoning District - Request by Ward and Smith, PA for Bill
Clark Homes of Wilmington, LLC to Rezone Approximately 5.8 Acres at
5025 and 5031 Carolina Beach Road (off Appeals Road) from R-15 to CD(R-
10) High Density (Z-851, 10/06)
3:20 p.m. 5. Consideration of Request for Funding Up to $78 L250 for Carolina Beach Inlet 125
Dredging and Carolina Beach Nomishment
3:35 p.m. 6. 131
3:45 p.m. 7. Consideration of Fee Adjustment - Stormwater Sen.ices 137
3:55 p.m. 8. Consideration of Approval of By laws for the Consolidation Advisory Committee 143
4:05 p.m. 9. Committee Appointments 149
4: 10 p.m. 10. Meeting of the Water and Sewer District 175
4:25 p.m. 11. Non-Agenda Items (limit three minutes)
4:30 p.m. 12. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
4:40 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
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
4: 10 p.m. 1. Non-Agenda Items (limit three minutes)
4: 15 p.m. 2. Approval of Minutes 177
4:20 p.m. 3. 179
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. 9
80 to 90 and Approval of Associated Budget Amendment 07-084
3. 15
Cape Fear COlmnunity College to be Used for Basic Law Enforcement Driving Training
4. Ratification of Appointment to the Health Department's Child Fatality Prevention Team 19
5. 21
Wave Transit Authority Board
6. 25
7. Approval of Amended Cape Fear Museum Collection Policy 29
8. Aporoval to Submit an Institute of Museum and LibralV Services 2007 Museums for 41
9. Approval of Architectural and Engineering Contracts for Veterans Park Phase IV 47
10. Approval of Temporary Removal of DeedsIRecord Books for Purpose of Restoration and 53
11. Approval to Accept Grant Award from the Office of Justice Programs for Purchase of 69
Bulletproof Vests and Associated Budget Amendment 07-082
12. Approval of Release of Tax Value 73
Approval of Budget Amendments:
13.1 07 -066 Health 75
13.2 77
13.3 07-073 Aging 79
13.4 07-075 Criminal Justice Partnership Progranl 81
13.5 83
13.6 85
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Regular Meeting held on October 16,2006.
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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 2 Estimated Time: Page Number:
Department: County Manager Presenter: Pat Melvin, Assistant County Manager
Contact: Pat Melvin, Assistant County Manager
SUBJECT:
Increase the Number of Electronic Monitored Pretrial Release Detainees from 80 to 90
BRIEF SUMMARY:
The electronic monitoring contract established in 2002, has been a valuable tool available to the County to reduce the jail
population. In February 2006 the Board of Commissioners approved the expansion of the number of electronic monitoring
bracelets from 70 to 90. In order to reduce costs and in light of 80 being the average number of detainees per month at the
end of FY 05/06, Reliant Monitoring proposed a contract for FY 06/07 with a base number of 80, but expandable to 90,
when necessary, with costs to be adjusted at that time. We have determined that we need to expand the contract to 90.
To do so requires adoption of a resolution to modify the contractual agreement and a budget amendment to cover the cost
of expanding the contract.
For 80 slots, the unit cost per slot is $11.12, By increasing the daily monitored amount to 90, the unit price is reduced to
$10.99. Through this increase, the County realizes:
III a per unit cost savings of $0.13 or 1.2% in the electronic monitoring contract
III adding 10 additional detainees in the pretrial release program, frees 10 beds in the detention facility
The total additional funds needed to fund the existing contract at the 90 slots per day level is $24,212.00. Budget
amendment 07-084 is attached for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt attached resolution authorizing:
1. an increase in the number of monitored detainees from 80 to 90;
2. contract 07-0036 to be modified through normal change order process;
3. approval of budget amendment # 07-084
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
resolution for pre-trial release to add ten slots. doc
~ ~
iii.:':::':
.......
... .
Change Order1+1 to 07-0036.doc 07-084.doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Pretrial Release program has an existing electronic
monitoring contract to provide monitoring of eighty (80) slots per day;
AND WHEREAS, the electronic monitoring contract is a valuable tool available to the
County to help keep the number of those incarcerated to a minimum;
AND WHEREAS, by increasing the number of slots monitored a day to ninety (90) slots
would result in a $0.l3 per unit price reduction and make available ten (10) spaces in the detention
facility;
AND WHEREAS, the additional funds needed for the increase coverage for the contract
through June 30, 2006 is twenty-four thousand, two hundred twelve dollars and no cents;
AND WHEREAS, budget amendment # 07-084 is attached as part of this agenda item and is
incorporated into this resolution by reference and provides funding in the amount of twenty-four
thousand two hundred twelve dollars and no cents ($24,212.00) to increase the daily amount
monitored to ninety (90) slots.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that contract # 07-0036 be revised through the normal change order process to
increase the number of slots monitored per day from 80 to 90 for the remainder of this fiscal year; the
County Manager, the Finance Director, the County Attorney and their designated staff are hereby
authorized and directed to act on behalf of the County of New Hanover in regard to the execution of
the change order and other actions not inconsistent with this resolution; and associated Budget
Amendment # 07-084 is approved.
Adopted this 13th day of November, 2006.
(SEAL)
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY CHANGE ORDER
ORG OBJ DEPARTMENT: Pre-Trial Release
11024200 700045 CONTACT PERSON: Alice Hovis
DESCRIPTION: New Hanover County Pre-Trial Release Electronic CONTRACT NUMBER: 07-0036
Monitoring Program
CHANGE ORDER NUMBER: # I
PROVIDER: Reliant Management Group, Inc. INITIATION DATE: November 13,2006
The Provider is directed to make the following changes in this contract:
Expand the contract to provide continuous electronic monitoring services for ten additional participants of the Pretrial Release
Program through June, 2007. This action will bring the total number of monitoring slots under contract to 90. Pricing for the
entire electronic monitoring caseload will be reduced from $11.12 per slot I per day to $10.99 per slot I per day.
It is understood by both parties that the quantity of monitoring service slots varies. However, expansion amount beyond the
intended 90 average slots per day for the contract period and any change in the maximum per day capacity must be pre-approved
by the County. Contractor is responsible for monitoring the daily levels to ensure the calculated average daily level overthe
period ofthe contract shall not exceed the intended average per day rate of90 slots.
The expansion to 90 slots and reduced per slot pricing will result in a new monthly payment to Provider, beginning November,
2006 and ending June, 2007. The new amount to be paid each month to Provider is $30,085.12 for 7 months and $30,085.16
for 1 month. Additionally, ifthe County chooses to renew the existing contract for FY 2007 -08, Provider agrees that the pricing
for the revised capacity of 90 slots will be the same for FY 2007-08. All other terms and conditions of contract remain
unchanged.
Not valid until signed by both the County and the Provider. Signature of the Provider indicates his agreement herewith,
including any adjustment in the Contract Sum or Contract Time.
The original Contract Cost was: $297,645.33
The Contract Cost will be Increased by this order: $ 24,212.00
The new Contract Sum Cost including this change order will be: $321,857.33
The Contract Time remains unchanged..
These changes and the work affected hereby are subject to all terms and conditions of original contract # 07-0036.
PROVIDER ACCEPTANCE: NEW HANOVER COUNTY ACCEPTANCE:
I certify that my bonding company will be notified forth-with This instrument has been pre-audited in the manner required by
that my contract has been changed by the amount of this change the Local Government Budget and Fiscal Control Act.
order, and that a copy of the approved change order will be
mailed upon receipt by me to my surety. By: Date:
County Finance DirectorlDate
By: Date:
(SignaturelDate) By: Date:
County ManagerlDate
Type or Print Approved as to Form
Name:
By: Date:
Title County AttorneylDate
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Budget Amendment
BUDGET AMENDMENT Number: 07-084
DEPARTMENT: Pre-Trial Release
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Pre-Trial Release:
Contracted Services $24,212
Revenue Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $24,212
EXPLANATION: To budget ten additional electronic bracelets for Pre-Trial Release Program. This increases the
number of electronic bracelets from 80 to 90.
ADDITIONAllNFORMA TION: With approval of this budget amendment, $11,302,306 offund balance will be
appropriated in FY 06-07.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 3 Estimated Time: Page Number:
Department: Finance Presenter:
Contacts: Lena Butler or Alan Tiller
SUBJECT:
Adoption of a Resolution Approving the Donation of Two (2) Ford Crown Victorias to Cape Fear Community
College to be Used for Basic law Enforcement Driving Training
BRIEF SUMMARY:
The Sheriff's Office has two surplus vehicles that they desire to donate to Cape Fear Community College for their Basic
Law Enforcement Driver Training. Vehicle # 1 is a 1998 Ford Crown Victoria with 149,570 miles. Vehicle #2 is also a 1998
Ford Crown Victoria with 172,390 miles.
Cape Fear Community College provides law enforcement training including driving education for law enforcement officers.
The Sheriff is requesting approval to donate the vehicles to Cape Fear Community College with the understanding that the
vehicles shall be used exclusively for the law enforcement training program at Cape Fear Community College. Also, upon
disposal of the vehicles by Caper Fear Community College, the proceeds shall be used in the law enforcement training
program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution:
1. Donating two 1998 Ford Crown Victorias to Cape Fear Community College.
2. The full and fair consideration for the value of the vehicles is the assurance by
Cape Fear Community College that the vehicles shall be used exclusively
for the law enforcement training program.
3. Upon disposal of the vehicles by Cape Fear Community College, the proceeds
shall be used in the law enforcement training program.
4. County staff is directed to process any required documents to complete the
transaction.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: There will be no funds expended or received from this transaction.
ATTACHMENTS:
~
Resolution for Donation of Yehicles to Cape F ear Community College. doc
REVIEWED BY:
LEGAL: NIA FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Sheriffs Office has two surplus vehicles that they
desire to donate to Cape Fear Community College for their Basic Law Enforcement Driver Training
Program; vehicle # 1 is a 1998 Ford Crown Victoria, VIN # 2FAFP71 WXWXl23791 with 149,570
miles and vehicle #2 is also a 1998 Ford Crown Victoria, VIN # 2F AFP71 W8WX148687 with
In,390 miles; and
WHEREAS, the vehicles have excessive mileage and are not appropriate to be used on a
daily basis as patrol vehicles in the Sheriff s Office, and are considered surplus, to be removed from
service; and
WHEREAS, the Sheriffs Office is requesting approval to donate the vehicles to Cape Fear
Community College pursuant to General Statute 160A-274 with the understanding that the vehicles
shall be used exclusively for the law enforcement training program at Cape Fear Community College
and upon disposal of the vehicle by Cape Fear Community College, the proceeds shall be used in the
law enforcement training program; and
WHEREAS, the full and fair consideration for the value of the vehicles is the assurance by
Cape Fear Community College that the vehicles shall be used exclusively for the law enforcement
training program and upon disposal ofthe vehicle by Cape Fear Community College, the proceeds
shall be used in the law enforcement training program;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the 1998 Ford Crown Victorias, VIN #' s 2F AFP71 WXWX 123 791 and
2F AFP71 W8WXl48687 respectively be donated to Cape Fear Community College with the full and
fair consideration for the value of the vehicle is the assurance by Cape Fear Community College that
the vehicle shall be used exclusively for the law enforcement training program and upon disposal of
the vehicle by Cape Fear Community College the proceeds shall be used in the law enforcement
training program;
AND BE IT FURTHER RESOLVED thatthe County staffis directed to process any required
documents to complete the transaction.
This 13th day of November 2006.
(SEAL)
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 4 Estimated Time: Page Number:
Department: Health Presenter: Janet McCumbee, PHS Manager
Contact: Janet McCumbee
SUBJECT:
Child Fatality Prevention Team
BRIEF SUMMARY:
Our team needs a new member to fill the Emergency Medical Services provider opening. A position was vacated this
summer. Request appointment of Gail McGirt, RN.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint Gail McGirt, RN to Child Fatality Prevention Team.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Application to New Hanover County Board of Commissioners - July 11, 2006
ATTACHMENTS:
application
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
NEW HANOVER COUNTY ~lEtIr::UllE~
BOARD OF COMMISSIONERS OCT 1 9 2006
320 Chestnut Street, Room 305
Wilmington, NC 28401-4093 NEW HANOVER CO
Telephone (910J 341-7149 BD. OF COMMISSIONERS
./
FAX (910J 341-4130
Application for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of Commissioners.
Nw lmDIf(( CA'1<lld F{}J~L1y PrWtfLt ~Wl .,
Request for Appointment to:
Name: r:)C.A..~ \ L.. ~ c G~T"t
Home tl How long have you been a /~~r'
Address: SO 1.00 Ca'fO U """'- . ~C1c..\.. R ~ resident of New Hanover County?
Mailing Address:
City and State: W: \ '^" ~ '" j~ jJ,L Zip Code: 028' 4 I 2...
Telephone: Home: "11.0 - ? 9 9- ~ LD_~ (., Business: 'lIt) ::; 3 2. . ~ 8'.::>3
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. This ;nformallon Is raqullsllld for Ih. solll purpou of assuring that. cr04so$,":llo" of th. community ;$ "ppolnl"d.
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Nllw HSllovllr County upon appointment, In accorde"ce with Articl. VI, SIIC. 01 of m. Ntlw Hano",al County P.rson".1 Policy.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 5 Estimated Time: Page Number:
Department: Legal Presenter: Nancy Pritchett, Commissioner
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Adoption of Joint Resolution Appointing the Human Services Representative to the Wave Transit Authority Board
BRIEF SUMMARY:
The Transit Authority has authorized the elected County and City Officials, who serve upon that Board, to agree upon the
candidate to fill the Authority's Human Services representative position. Commissioner Nancy Pritchett and Council Person
Laura Padgett are the respective officials. They have reviewed the applications received following public advertisement,
and have agreed upon an appointment. To comply with City appointment procedures, the County and City may execute a
joint resolution confirming the appointment of Aileen Mair.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the joint appointment resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. ..
WAVE T r ansitConcurrentR es. doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
CONCURRENT RESOLUTION of the Wilmington City Council and the Board of Commissioners
of New Hanover County Making a Joint Appointment to the Cape Fear Public Transportation
Authority d/b/a Wave Transit
LEGISLATIVE INTENT/PURPOSE:
In March, 2004 the Wilmington City Council and the Board of Commissioners of New Hanover
County adopted a Concurrent Resolution creating the Cape Fear Public Transportation
Authority d/b/a Wave Transit ("Authority").
The Authority is composed of eleven (11) members, five (5) of which are to be appointed by the
City of Wilmington, five (5) appointed by New Hanover County and one (1) member to be jointly
appointed by the City and the County.
There is a vacancy on the Authority for the member to be appointed jointly by the City and the
County whose term expired on September 11, 2006.
THEREFORE BE IT RESOLVED BY THE WILMINGTON CITY COUNCIL AND THE BOARD
OF COMMISSIONERS OF NEW HANOVER COUNTY THAT:
The City and the County jointly appoint Aileen Mair as a member of the Cape Fear Public
Transportation Authority d/b/a Wave Transit for a term to expire three (3) years from September
11, 2006.
CITY OF WILMINGTON
Adopted at a meeting
on ,2006.
Bill Saffo, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
[SEAL]
NEW HANOVER COUNTY
Adopted at a meeting
on ,2006.
Robert G. Greer, Chairman
Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Clerk to the Board County Attorney
[SEAL]
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CITY OF Wll.MII"iGTON
162 Nort~ Third Street
l"O Box 181tl
Walmington,NC 28402
T~pbont(910) 341-18:1:6
FuCItO} 341-58%3
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WII'l1'\jngtoft. NC 28402
*'!'his information is requested for the sole ptupose of assuring that a cross section of the
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 6 Estimated Time: Page Number:
Department: Legal Presenter: Holt Moore, Assistant County Attorney
Contact: Holt Moore, Assistant County Attorney
SUBJECT:
Approval to Enter into the Minutes an Order Granting a Special Use Permit Requested by Kevin Hoban, #S-549, for
a High Density Residential Project Comprised of 122 Units
BRIEF SUMMARY:
This action is a formality only. Per the Order of Judge Alford, the Special Use Permit has been granted. The Clerk to the
Board of County Commissioners needs the Permit to be noted in the minutes of a regular meeting for indexing purposes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Direct the Clerk to the Board to include in the minutes of this meeting a notation that the Special Use Permit has been
granted.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
S-549, 02/06, R-15 High-Density Residential for 122 Dwelling Units
The applicant for this special use permit is Withers & Ravenel on behalf of Kevin Hoban, and the request is
for a high-density residential project consisting of 122 dwelling units on twelve acres located at 4416 South
College Road. Based upon the Board of County Commissioners hearing and decision rendered April 3,
2006, on this matter, and per the Order of Superior Court Judge Benjamin Alford, dated August 15, 2006,
the Board hereby grants the applicant's special use permit. In doing so, the Board makes the following
FINDINGS OF FACT and renders the following CONCLUSIONS:
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. Public water and sewer will serve the site.
c. The subject property is not located in a 1 DO-year floodplain.
D. Access to the site is from South College Road, a major arterial thoroughfare.
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. A Special Use Permit allows High-Density
development in an R-l5 Residential District in accordance with certain performance criteria.
B. The maximum number of allowed units on 12 acres in an R-15 under High-Density development is
122 units. The applicant proposal has 122 units.
C. The minimum required amount of improved recreational area is 1.8 acres. The proposed site has 2.0
acres of improved recreational land.
D. Parking, building height and impervious coverage satisfy the county zoning ordinance.
E. Buffer yards and setbacks are on the proposed plan and meet the county zoning ordinance.
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. Similar type projects exist in other residential districts in New Hanover County.
B. Other high-density projects are located in direct proximity to the proposed site.
C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
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 New Hanover County Comprehensive Plan classifies the site as Developed. The purpose of the
Developed class is to provide for continued intensive development on lands that have urban services.
B. Several High Density projects already exists along South College Road.
5. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS
HEREBY ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for
the proposed use, as well as any additional conditions hereinafter stated:
B. Other:
1. There shall be a six foot high earthen berm along the northern property boundary.
2. Evergreen vegetation shall be planted on top of the berm.
3. The existing fence and vegetation on the northern boundary of the property shall remain.
Ordered this ~ day of D~\..).. ,2WIJL
Attest:
Robert G. Greer, Chairman
~\:\A "-. ~ ~~~\
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 7 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Approval of Amended Cape Fear Museum Collection Policy
BRIEF SUMMARY:
With the assistance of the Museum Advisory Board Collections Committee, a comprehensive review of the Museum's
Collection Policy has been conducted over the last six months. Many of the changes are a matter of correcting language to
identify "Museum Advisory Board" where previously "Board of Trustees" was the title. Numbers have been altered to result
in a sequential document. Highlighted words and phrases indicate new language. If the subject was previously addressed,
old language is struck. New procedures that are more accommodating to potential donors are acknowledged in the new
document. One area of substantive change is found in the newly numbered VI.C.2.(4) to provide oversight of expenditures
from restricted accounts for artifact acquisition.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Cape Fear Museum Collection Policy as amended.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
iii.:':::':
61018 COLLECTION POLlCY.doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
Cape Fear Museum Collections Policy
COLLECTION POLICY
MAY 1980
Amended FEBRUARY 6,1984
Amended APRIL 2, 1990
Amended NOVEMBER 19,1992
Amended CFMBOT APRIL 6, 1995, and NHCBOC MAY 15, 1995
Amended CFMBOT JUNE 5,1997, and NHCBOC JULY 7,1997
Amended CFMMAB October 18,2006, and sent for consideration ofNHCBOC
November 13, 2006
Cape Fear Musemn is an agency of, and has no independent existence apart from,
New Hanover County. All references herein to ownership of or the possession of an
interest in property of any kind by Cape Fear Museum shall be deemed to be ownership
by New Hanover County.
A. Types of Acquisition
Cape Fear Museum fGFM) accepts materials in two categories:
accessioned collection
unaccessioned collection
1. ACCESSIONED COLLECTION
a. Contains objects valuable for their aesthetic qualities, historic and
indigenous associations, and that are consistent with CFM's Statement of
Purpose. Objects may be accepted into the accessioned collection if they are:
(1) Related to Lower Cape Fear history in that they have some direct or
indireet connection with significant persons, places, or events of the state
(2) Reflective or illustrative of Lower Cape Fear area life and
environment even if only in a typical, rather tHan speeifie, way;
1
Cape Fear Museum Collections Policy
(3) Representative of Lower Cape Fear area arts, crafts, and
home indl:lstry Fine art, specifically non-representational
art, shall not
be sought; however, portraits of Lower Cape Fear residents may be
accepted as well as fine art representing lifestyles of the Lower Cape Fear
area.
(4) Representative of prehistoric or historic cultures indigenous to the
Lower Cape Fear area.
b. In all the above categories, artifacts not original to Lower Cape Fear area
may be accepted if Lower Cape Fear area artifacts are not available, and
provided that the artifacts accepted are typical oil and can be used accurately
to reflect~ Lower Cape Fear life, culture, people or places of historical
significance.
c. CFM will collect foreign culture material (i.e., outside the United States)
insofar as the material was used in the Lower Cape Fear, ~~
and not simply collected as an
art object or an object of curiosity.
d. Standards for Documentation of Accessioned Collection:
(1) Minimum requirements of documentation vary with the objects or
collections being received.
(2) Objects with less than complete data or weak documentation as to
point of origin may be accessioned at the discretion of the rnuseum
director.
(3) Undocumented objects which are good examples of their type, at the
discretion of the director, may be accessioned for use in
exhibition and edl:leational programs the
2. UNACCESSIONED COLLECTION
a. The Demonstration Collection contains objects which will not be accessioned
into the collection, but which may be useful in the education and exhibition
programs, such as:
(1) reproductions;
(2) objects not of museum quality;
(3) duplicates of the accessioned collection;
2
Cape Fear Museum Collections Policy
(4) undocumented objects;
(5) exhibit props.
b. The Museum Use collection contains items useful in the administration and
maintenance of the museum, such as office and other equipment.
c. The Library collection contains items useful for research and documentation.
B. Conditions of Acceptance:
1. Only unconditional gifts will be accepted. CFM cannot accept objects on which
restrictions are placed.
2. All gifts are considered outright and unconditional property of CFM.
3. All acquisitions are accepted under the supervision of the director.
4. Donations of objects or money to CFM, which meet the requirements of
charitable contributions under Internal Revenue Code (Section 170) and related
regulations (section 1.170A-I), are tax deductible.
C. Valuationl Appraisal/Authentication:
1. CFM ',.'Iill Bot place a '/uluation on artifacts for the benefit of the donor.
a. CFM is not in a position to make vuhmtions, particularly when there may be
a personal connection or u sentimental attaehment.
&.- Where a donor has already given artifacts and needs to have a valuation,
CFM will assist by preparing lists or making the material available for
examination by an appraiser selected and employed by the donor.
~ No member of CFM staff shall, in his or her official capacity, give
appraisals for the purpose of establishing the tax deductible value of gifts offered
to CFM or any museum.
D. Items for Identification or Study
1. CFM will attempt to identify items when a curatorial staff member is available.
3
Cape Fear Museum Collections Policy
;h
is unavailable to identify the item on the spot, the o'.vner should make an
appointment to bring the item hack vlhen such a staff member is a'/ailable.
H. III. Incoming Loan
A. CFM will accept on loan only those items which will be used for the
exhibition and educational programs.
:g,. Objects bOITmved by CFM from institutions or individuals ai'e to be considered
for their significance to the current collectioN priorities.
G:- Objects which ai'e perishable in natrne, defective in quality, fragile or unstable in
condition, or which are not significant to the current collection priorities '.,,-ill not be
recei'/ed on 10aH.
D. The conditions of loans:
1. The articles shall remain the property of the owner and shall be subject to
withdrawal by him, provided notice of intention to withdraw shall have been
given in writing fifteen days prior to withdrawal.
2. Articles will be delivered upon surrender of the receipt by the lender in person,
or upon the presentation of a written order of the lender or his duly authorized
agent or legal representative, any time following the fifteenth day after receipt of
written notice of intention to withdraw.
Borrowed articles, while in the custody of the museum
given the same care and attention they would receive if they were .~
museum.:,
property; CFM will assume responsibility and will be liable in case of loss or
damage by theft, fire, or accident to the extent of insurance carried
the museum to cover such losses.
4
Cape Fear Museum Collections Policy
4. Should CFM at any time desire to terminate its obligations with reference to
the the owner will be notified to withdraw them.
5. A properly executed loan contract will be signed and filed.
m. IV. Outgoing Loan ill_Iii
A. CFM may lend collection material to nonprofit cultural,
educational or charitable institutions which are judged to be appropriate depositories
of the materials and capable of providing appropriate care and insurance for said
materials. Use of museum artifacts is restricted to carefully controlled research or to
museum exhibit and then only if the items are not required for display or
exhibition in the museum.
will be considered by the museum curator, director,
Collections Committee, and Board of Trustees. No loan may be made
without the approval of the Board of Trustees.
D. The borrower shall be responsible for
any and all loss or damage to the property of CFM which is on
loan to the borrower and/or is in custody and control of the borrower.
1. CFM shall determine the value of the materials being borrowed.
2. When the tetal stated ',alue of the material being borro'Ned exceeds $500.00,
f:Jlhe borrower shall insure the material through an all-risk ~lIlnt fine arts
floater with CFM named as an additional insured under the policy. A copy of the
declarations page of the policy of insurance shall be furnished to
CFM as evidence that such coverage is in force.
5
Cape Fear Museum Collections Policy
~ 'When the total stated 'lalue of the m.aterial being borro'.ved is $500.00 or less
the borrovror may, at his ovm discretion, obtain insrnance for his O\VR protection.
4. The responsibility of the borrower shall begin at the time the borrower takes
possession of the loaned property from CFM and shall continue until CFM
assumes and of the In
E. A properly executed H loan contract containing the loan
conditions, insurance responsibilities, and exhibition specifications, I will be
the borrower before
IV. V. Deaccession
A. Definition: formal process used to remove objects from the accessioned
collection. Deaccessioned items may be retained by the museum for transfer to any
of the unaccessioned collections (see sections I.A.2. a., b. & c.) or disposed of as
hereinafter provided.
B. Purpose: The removal from the accessioned collection of objects in poor or
deteriorated condition, or undocumented items or reproductions which are readily
replaceable, serves to upgrade the quality of the museum's collection, and to reduce
storage problems, record keeping and insurance costs.
C. Determination of Quality: Objects proposed for deaccession shall be judged in
relation to the whole accessioned collection. Areas of judgment shall be condition,
history, association, and value for exhibition, study and reference.
)
D. Certification: The curator shall complete an 00jeet deaccession proposal form on
which will be listed the object's provenance, condition, reason for proposed
deaccession and recommendation for transfer or disposal. Upon agreement of the
director, the proposal will be reviewed the Collections Committee, which will
recommend its disposition to the Board of Trustees; they shall review and
take action thereon.
6
Cape Fear Museum Collections Policy
:v. VI. Disposition
A. Definition: The process by which deaccessioned or unaccessioned objects are
removed from the museum through gift, transfer, exchange, sale or destruction.
B. Purpose: The removal, or consideration of removal, of deaccessioned and
unaccessioned material from the museum shall be a continuing process as the
museum continues to meet its objectives.
C. Types of Disposition
1. Articles deemed to have no value by the curator, director, the
'.;0. .'*;~""':""'-"":;":@:~'"j~itj:?,,'~!:i~'H
<::.~II~~ti?ns.Sommitteel and the Board of Trustees .1'1il~.1I
_..I.~~<l;ll~~"e.?ll'/~}:~~"t~.!~~~?unty manager vlith a reeommeadatiofl
:tl d' 1 iIIIm.mLtlD.MMNh:%.:%iv..mv'_l!lb
er Isposa :~..:v::.:..:~) !11i'l11l_'iiiiii:i~.i..i.;i~A;
2. Disposal of articles with monetary value will take the form of:
a. Gifts to other governmental agencies and institutions: realizing that in
certain circumstances, CFM can benefit from the release of deaccessioned or
unaccessioned objects from exhibit or storage and, in return, the release would
benefit another government agency or institution, it is the policy of the
museum to consider such action.
b. Exchanges: The formal reciprocal transfer of deaccessioned or
unaccessioned material between CFM and another governmental unit often
serves to advance the objectives of CFM. Such exchanges can occur through
private negotiation when done in accordance with the provisions set forth in
sub-section 4e and 4f, ofthis section below.
c. Sales: Deaccessioned or unaccessioned objects may be sold, subject to the
following guidelines:
(1) The goal of all such sales of CFM property shall be to bring the best
possible price for the material.
There shall be no private sales of CFM objects to staff members, the
Board of Trustees, or their agents or representatives. In the
sale or sale to dealers of antiques, SHell individuals
shall be eligible, as are any other private individuals, to bid on
offered items.
7
Cape Fear Museum Collections Policy
(3) Method of sale shall be determined by the director, subject to the
approval of the Board of Trustees and resolution by the County
Commissioners.
f4f The following methods and procedures of sale or exchange shall
be utilized.
(a) Private Sale. Anyone item or group of similar items valued by an
independent third party qualified appraiser at less than $10,000, may
be sold by private negotiations and sale. Property worth in excess of
$10,000 may not be sold by private negotiation and sale. When CFM
proposes to dispose of property by private sale, the County
Commissioners at a regular meeting shall adopt a resolution or order
authorizing CFM to dispose of said property by private sale at a
negotiated price. The resolution or order shall be published once after
its adoption, and no sale shall be consummated thereunder until ten
days after its publication. G.S. 160A-267.
(b) Advertisement for sealed bid. The advertisement for sealed bids
must be published in a newspaper that has general circulation in the
county one week before the bids are opened if personal property is
being sold. The advertisement shall describe generally the property to
be sold, tell where it might be examined and when and where the bids
will be opened, state that a 5% bid deposit is required and will be
retained if the successful bidder fails to consummate the contract, and
reserve the right to reject any and all bids. Bids are to be opened in
public and the award is made to the highest bidder. G.S. 160A-268.
(c) Negotiated offer. advertisement and upset bids. CFM may receive,
solicit, or negotiate an offer to purchase property and advertise it for
upset bids. When an offer is made and CFM proposes to accept it, it
shall require the offerer to deposit 5% of his bid with the county
finance officer and shall publish a notice of the offer. The notice shall
contain a general description of the property, the amount in terms of
the offer, and a notice that within ten days any person may raise the
bid by not less than 10% of the first $l,OOO and 5% of the remainder.
When a bid is raised, the bidder shall deposit with the county finance
officer 5% of the increased bid, and the county finance office shall
readvertise the offer at the increased bid. This procedure shall be
8
---~.__.__.,-
Cape Fear Museum Collections Policy
repeated until no further qualifying upset bids are received, at which
time the museum may accept the offer and sell the property to the
highest bidder for cash. Any and all offers may be rejected at any
time. G.S. 160A-269.
(d) Public auction. When it is proposed to sell personal property at
public auction, the Board of County Commissioners shall at a regular
meeting adopt a resolution or order authorizing the director of CFM to
dispose of the property at public auction. The resolution or order shall
identify the property to be sold and set up the date, time, place and
terms of sale. The resolution or order (or a notice summarizing its
contents) shall be published at least once and not less than ten days
before the date of the auction. G.S. 160A-270.
(e) Exchanges. CFM may exchange any real or personal items
belonging to it for other real or personal property by private
negotiation if it receives a full and fair consideration in exchange for
its property when such an exchange complies with the provisions of
N.C.G.S.160-27
(f) Sale, lease, exchange and ioint use of government property. CFM
may, upon such terms and conditions as it deems wise, with or without
consideration, exchange with, lease to, lease from, sell to, purchase
from, or enter into agreements regarding the joint use by any other
governmental unit of any interest in property that it may own, subject
to the approval of CFM's Board of Trustees and the County
Commissioners, pursuant to the terms of G.S. 160A-274.
(g) Other methods of sale and disposition. In addition to other
methods of sale or disposition herein set out, CFM shall have all other
authority to sell or dispose of its property as more particularly set out
in Article 12 of Chapter 160A of the North Carolina General Statutes.
(h) Trustees shall request that all funds recei'/ed from the sale of
objects or collections, after deduction of expenses of sale, be placed in
a Museum Acquisition Fund and used for the aeqtlisition of artifaets,
objects or collections.
D. Procedure and Record Action:
1. CFM staff, through the director, shall initiate recommendations for disposition
of objects from CFM. All such recommendations shall be made in writing on a
disposition form. (In the case of deaccessioned items, the deaccession form shall
be used to record the disposition.)
9
Cape Fear Museum Collections Policy
2. Following approval by the CFM director, the Collections Committee shall
review the request. No disposition will be made without the approval of the
Board of Tmstees.
3. The New Hanover County Commissioners, except where the items are of no
monetary value, shall by resolution consider dispositions. No disposition will be
made without the approval of the County Commissioners. A record of each
action shall be made on the form before disposition takes place.
10
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 8 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Approval to Submit an Institute of Museum and library Services 2007 Museums for America Grant Application
BRIEF SUMMARY:
Cape Fear Museum proposes to submit a grant application for the 2007 Museums for America program sponsored by the
Institute of Museum and Library Services for $150,000 which would be matched by an equal value of in-kind staff salaries
and the normal amount of money budgeted for implementation of new long-term exhibits. This $300,000 is part of the
larger project which continues replacement of the early years of the long-term Waves & Currents exhibits. This is the
second phase of the Exhibit Design Master Plan and is made more critical because of mold/mitigation damages to this
section of the 1992 exhibits during the fall of 2005,
The focus of the grant project will be the installation of a long leaf pine forest environment which will serve as the core for
telling the unique Lower Cape Fear story from pre-history and the indigenous population through the Revolutionary War.
Recent research allows us to present the region's colonial history with reference to the pervasive impact of an economy and
social system defined by the pine forest and water transportation routes. This is an exciting opportunity to create a
significant experience that will continue to keep New Hanover County's history and science museum as a premier attraction
in southeastern North Carolina.
If awarded, the grant money would not be available until FY2008. The request will define a two-year timeline with the main
installation complete by the end of FY201 O. A concept drawing of the gallery is attached. Also attached is the preliminary
budget and timeline for the project. Preliminary estimates for creating the forest environment installation justify that we can
accomplish the vision with the proposed budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission of a 2007 Museums for America Grant application to the Institute of Museum and Library Services.
Request acceptance of the grant and approval of necessary budget amendment, if awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
' .
;." ..,
'. :..
, , :'.t-lli
6 1 026 Pine Forest Budget & Planning N H C & 1M LS. xis CFMl stFloor071606.pdf
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
Long Leaf Pine Forest -. Pre-Colonial through Revolution -- Cape Fear Museum
Estimated Projected
Research, Design ",,"ft_IiM Actual Cost Income Cost
-.---
FY07
Mar-Nov PRD Services 1,000
Sept Bid from Themeworks I can be reduced 372,970
Jan-Dec Research @ $19.81 + 30% x 400 10,300
'---
Jul-Dec Develop model evaluation wI Randi Korn 5,000
~- $150,000
15-Nov Submit IMLS - Museums for America Grant ,
15-Jan Submit NEH Planning Grant , $25,000 $25,000i
FY06 Carryover 50,000 ,
-- -.-- -;:eq;;;;sts 60,000
Dec
FYOB
NHC Budget $1 <:n nnn ---_.--~-~---
Advisory
Spring Order Pine Forest environment $300,000
Apply for NCHC Grant for series of Conversations on
Jul-Aug pre-colonial through Revolution 13,000 $6,500
Design (spring), prototype (summer) & evaluate (fall)
Mar-Nov selected interpretation and minimum 4 new interactives $20,000
Select I acquire I prepare artifacts for exhibit; conduct
Jan-Dec pre-formative evaluations wI existing casework
Spring Additional corporate requests 50,000
15-Jan Submit NEH Grant
FY09
- NHC Budget ..
Install Pine Forest environment, cases, interactives
FalllWinter revised as indicated by l;!."aluation
WinterlSpring Open Exhibit --~ ---------
741500 __~..__ ..'__-.u
Research & Development -25:006
Pine Forest environment 300,000 136,000
..---
Interactive components inc. ambient sound, SoundStik
-~-~-- ---- listening stations, computer(s), manipulative elements) 100,000
Vignettes (3) 60,000
Casework 49,000
Graphics 20,000
Mounts & labels 5,000
--..-.-",---- --
Promotion for evaluation I 4,000
Evaluation 28,000 14,000
--- --- ----------- ~---_.-
591,000 150000
-'- Staff In-kind 100,000
. --.".-,-....-.'---.- ".0' ".'_".________ _____
Promotion 50,000
PROJECT ESTIMATED COST 741,000
11/1/2006
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Consent Item #: 9 Estimated Time: Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
Approval of Architectural and Engineering Contracts for Veterans Park:, Phase IV
BRIEF SUMMARY:
Phase IV development of Veterans Park includes infrastructure, tennis and passive park facilities and support facilities (i.e.
rest rooms) located in the northwest section of Veterans Park. This represents the last phase of development of the
campus, and was included in the list of Parks Bond projects. Boney Architects (now LS3P/Boney) was contracted by New
Hanover County to develop a Master Plan for the campus. Upon completion of Phase III work, the contract with Boneywas
closed because there was no indication of when the funds for Phase IV would be available. Funds are now available for
planning and construction of Phase IV due to the passage of the Parks Bond.
Reinstatement of the necessary contract with LS3P/Boney for the final design, engineering and project management, and
the contract with Hanover Design Services for topographic, as-built and other mapping services are requested. This will
allow Phase IV work to proceed. The contract with LS3P/Boney will also include the preparation and filing of an application
for a PARTF matching grant for $500,000. Permission is requested to enter into new contracts for this work, and to exempt
these contracts from the bid process, since they are actually continuation and completion of previously contracted work.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of two contracts:
LS3P/Boney Architects - $167,000
Hanover Design Services - $ 11,040
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Note: Hard copies of both proposals have been forwarded to the County Manager for inclusion. Copies were also sent to
the Project Engineer, Finance and Budget departments.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
10/09/2006 MON 09:59 FAX 910 798 7194 NBC PARKS DEPT ~ 002/004
, ~
September 20, 2006
.
.
Mr. Neal Lewis, Director
New Hanover County Parks & Recreation
230 Market Place Drive, Suite 120
Wilmington, NC 28403
Re: Veteran's Park phase 4 - Contrad Amendment
Fee Proposal . REVISED
Dear Neal:
It was good to hear that your lawsuit issues have been resolved on the bond referendum and that you are
ready to proceed with Phase 4 of Veteran's Park.
Based on our conversation earlier this summer (see conferences notes from June 15, 2006 for description
of scope, attached) we would propose the following fee structure:
PhaSe 4A (see June 15'h scope description)
Lump Sum Fee: $48,000
Includes construction documents, project manual, permitting, bidding and construction administration.
Construction site visits limited to (6) for architect, (6) for civil engineer (Norris Kuske & Tunstall.)
Additional site visits
Phase 48 (see June 15th scope description)
Lump Sum fee; $105,000
Includes construction documents, project manual, permilting, bidding and construction administration.
Construction site visits limited to (15) for architect, (4) for civil engineer and (3) each for electrical and
plumbing/mechanical designers (Dewberry and Cheatham.)
PARTF Grant ADDlication
We will assemble the application on behalf of New Hanover County Parks & Recreation, for submittal to
the state prior lO the January 31, 2007 deadline. We will require the assistance of the department in
assembling previously created system-wide master plan documents.
Lump Sum Fee: $14,000
.
TOTAL FEE PROPOSED (all phases): $167,000
If you are in agreement with our proposal, I Can prepare an amendment to our previous Contract for the
proiect. We would propose standard reimbursables, which would include any permit fees and prinling of
bid set documents.
CHARLESTON <':OLUM&I^ CllARLOTTE lV.tEl<)H WILMINCTON
LS~P ASSOCIATES lTO. AIl.CHITECTUl1.E INHIl.IOR ARC,lil'l'EC'WU PlANNING
'\.1' PAYITTMlU STUET, lUI','P'1700 MUIGH, foI0~'I'H r.Ajl,(1UNA 27.01 Pl'l 919.82'>.r.IOO FAX '1',~',Z730 www.t5JP.COM
---~-^..._---------
10/09/2006 MON 09:59 FAX 910 798 7194 NBC PARKS DEPT 141 0011004
. ~
Please let me know if you have any questions about this proposal. .
.
We look forward to finishing up the Veteran's Park complex!
Sincerely,
-%.~
Katherine N. Peele, FAIA
Managing Principal - Raleigh
..
Pc; Ms. Kelly Walker
Ms. Leigh Stewart, AlA
.
CIIAlU.EHON COLUM!IA CHARLeITE JW.EICH WILMINGTON
UJr AS~OCIATE5' lTD. AIl.CHITECTUR.E INHRIOR ARCHl l'HrrURS PLANNING
434 FAYETTEVILLE ~'l\Err. SUITE 1700 llALI!.lCH. NOlrrH CAROUNA :17601 PII 919 A'U'I()O FAX 919.m.:mo 'I'WW.L.53P.COM
"----"
1.0/'09/2006 MON 09:59 FAX 910 798 7194 NHC PARKS DEFT I4J 003/004
, HANOVER DeSIGN SERVICES, P.A. Fee Estimate
319 Wa/nut Street
Wilmington, N.c. 28401 DATE
Phone: 91 O~343-8002
9/25/2006
Submitted To:
New Hanover County Parks
Mr, Neal Lewis - ,
~
230 Market PI.,ce Drive .
Suite 120
Wilmington, N.C. 28403
PROJECT
A.llley School
SERVICE OFFERED '. QTY COST TOTAL
Veteran's Park Project
As-Built Survey
Field Work n 125.00 2.750.00
Camps and Mapping 14 95,00 1.330.00
OffIce Work 4 125.00 500.00
TopographiC Survey
Field Work 30 125.00 3.750,00
Camps and Mapping 18 95.00 1,7W.OO
omce Work 8 125.00 1,000.00
Scope
A complete e$-built and topographic survey will be performed
of the project area. Both hard copy end digital information
will be furnished. Survey will include the as-built of t!'le
retentkm pond, tree lines, OInd utility tie in areas.
-
This is an c)timate only. Addiilional scrvices, rcvi$ionS 10 the scrviccs as described hereOTl,
Or expenses ll!Isociated with permit fees, ere. may cause thc overall estimate tl) be TOTAL $11.040.00
inadequate.
-~----".-
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Consent Item #: 10 Estimated Time: Page Number:
Department: Register Of Deeds Presenter: Jennifer Hardison
Contact: Jennifer Hardison
SUBJECT:
Approval of Temporary Removal of Deeds/Record Books for Purpose of Restoration and Preservation Project
BRIEF SUMMARY:
Approximately 28 Deed books and other vital records books are severely deteriorated and are in need of restoration to
preserve these documents as required by NC Statute. Permission is requested for the temporary removal of these records
in a scheduled manner over a three-year period for this project to be completed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Permission for the removal of the books for approximately 4-6 week intervals for the restoration project to be completed. A
schedule of what books will be removed will be provided. Should the need arise for public information from the record
books while in the possession of the vendor, requests are processed by phone, mail, fax usually the same business day.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funding for this project is provided through the NC Register of Deeds Technology Enhancement Fund - Acct
#115. These funds are derived from a percentage of the Revenue Stamp Tax collected by each county.
ATTACHMENTS:
Contract # 07-0104, Vendor Info to be submitted in hard copy format.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
I
NEW HANOVER COUNTY
OFFICE OF THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
WILMINGTON, NORTH CAROLINA 28401-4095
TELEPHONE (910) 798-7153
FAX (910) 798-7157
New Hanover County
NQRTHe}CAROLlNA
WANDA M. COPLEY
County Attorney
KEMP P. BURPEAU
Deputy County Attorney August 28, 2006 ~O{?1f
E. HOLT MOORE, III
Assistant County Attorney
Joseoph J. Marotti Co., Inc.
Attention: Joseph J. Marotti, Jr., President
335 Westford Road
Milton, VT 05468
RE: New Hanover County Contract - #07-0104
Dear Mr. Marotti:
Enclosed please find an original and duplicate original of the above-referenced
contract for authorized signatures by the President and Secretary, who will affix
your corporate seal. Please note that an acknowledgment by a Notary Public is
required.
The original and duplicate originals are to be returned to this office, marked
for my attention, along with certificates of insurance.
Thank you for your attention to this matter.
Sincerely,
~ht ;8wJ
Becky Breen
Administrative Support Specialist
encl.
cc: Jennifer Hardison, Administrative Assistant
C
NORTH CAROLINA New Hanover County Contract #07 -01 04 OA~
AGREEMENT
NEW HANOVER COUNTY
THIS CONTRACT, made and entered into this 31st- day of
f1\1~V~rr ,2006, by and between NEW HANOVER COUNTY, a political
subdiv' Ion of the State of North Carolina, hereinafter referred to as "County"; and
JOSEPH J. MAROTTI CO., ING., hereinafter referred to as "Contractor";
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby
agrees with the County as follows:
1. ScoDe of Services. Contractor shall perform restoration services iin
accordance to Exhibit "A", attached hereto, incorporated herein. I
I
i
2. Time of Performance. Contractor shall commence work up~n
Notice to Proceed and all work will be completed by June 30, 2007. I
I
I I
3. Renewal. The County may renew this Agreement for subsequent I
two (2) annual terms, that shall run July 1, through June 30 for each renewal year for
services. The County shall give written notice to Contractor of such intent to renew.
4. Payment. County hereby agrees to pay to the Contractor for th~
costs of services in an amount not to exceed in accordance to Exhibit "A", attachep
hereto and incorporated herein.
5. Extra Work. County and Contractor shall negotiate and agree upon
the value of any extra work prior to the issuance of a Change Order covering said extra
work. Such Change Order shall set forth the corresponding adjustment, if any, to the
Contract Price and Contract Time.
6. Indemnity. Contractor shall indemnify and hold New Hanover
County, its agents and employees, harmless against any and all claims, demand~,
causes of action, or other liability, including attorney fees, on account of person~1
injuries or death or on account of property damages arising out of or relating to the work
to be performed by Contractor hereunder, to the extent resulting from the negligence of
or the willful act or omission of Contractor, his agents, employees and subcontractors.
7. Insurance. Contractor shall maintain insurance from companies
licensed to write business in North Carolina, with an A.M. Best rating of "A" or highe~,
and acceptable to County, of the kinds and minimum amounts specified below.
8. Certificates and Notice of Cancellation. Before commencing work
under this contract, Contractor shall furnish County with certificates of all insuranc~
required below. Certificates shall indicate the type, amount, class of operation~
"~('!',,:, '''H' 1,!- 1
, $:i..
covered, effective date and expiration date of all policies, and shall contain the following
statement:
"The insurance covered by this certificate will not be canceled or materially altered,
except after thirty (30) days written notice has been received by County".
The Certificate of Insurance, naming New Hanover County as an additional insured on
Contractor's Commercial General Liability and Auto Liability Policies, shall be further
evidenced by an actual endorsement furnished to the County from the insurer within
thirty (30) days of the signing of the contract between the Contractor and the County.
9. Workers Compensation and Employers Liability Insurance.
Covering all of the Contractor's employees to be engaged in the work under this
contract, providing the required statutory benefits under North Carolina Workers
Compensation Law, and employers liability insurance providing limits at least in the
amount of $100,000/500,000/100,000. applicable to claims due to
bodily injury by accident or disease.
10. Commercial General Liability. Including coverage for independent
contractor
operations, contractual liability assumed under the provisions of this contract,
products/completed operations liability and broad form property damage liability
insurance coverage. The policy shall provide liability limits at least in the amount of
$1,000,000 per occurrence, combined single limits, applicable to claims due to bodily
injury and/or property damage. New Hanover County shall be named as an additional
insured under this policy.
11. Automobile Liability Insurance. Covering all owned, non-owned and hired
vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence
combined single limits applicable to claims due to bodily injury and/or property damage.
13. Independent Contractor. It is mutually agreed that Contractor is an
independent contractor and not an agent of the County, and as such the Contractor
shall not be entitled to any County employment benefits, such as, but not limited to,
vacation, sick leave, insurance, workmen's compensation, or pension and retirement
benefits.
14. Warranty. The Contractor warrants County that any and all services
provided under this contract will be provided in accordance with the prevailing
standards of care for professional excessive prevailing in North Carolina at the time of
performance and that any and all materials and equipment furnished will be of good
quality and new unless otherwise permitted by this contract. All work not conforming to
these requirements may be considered defective. All work shall conform to applicable
Federal, State and local laws and regulations. Contractor shall be responsible for all
costs, damages and expenses including, but not limited to, penalties, fines and fees,
that the County may incur as a result of Contractor's failure to perform under this
Agreement.
15. Default and Termination. If Contractor fails to prosecute the work
with such diligence as will insure its completion within the contract time, or if Contractor
breaches any of the terms or conditions contained in this contract and fails to cure said
breach within two (2) days of County's mailing of Notice of Default, or provides defective
service, County may terminate this contract forthwith. Upon termination, County may,
without prejudice to an action for damages or any other remedy, take the prosecution of
the work out of the hands of Contractor. County may enter into another contract for the
completion of the contract, or use such other methods as may be required for the
completion of the contract. County may deduct all costs of completing the contract from
any monies due or which may become due to Contractor. In the event this project is
terminated prior to completion of the services by the Contractor, the Contractor shall be
paid for services performed to the date of termination. In no event will the amount due
Contractor in the event of termination exceed that amount set forth in paragraph 3 of
this Contract. Nothing contained herein shall prevent the County from pursuing any
other remedy which it may have against Contractor, including claims for damages.
16. Nonwaiver of Rights. It is agreed that County's failure to insist
upon the strict performance of any provision of this Contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this Contract.
17. Conflict of Interest. No paid employee of the County shall have apersonal
or financial interest, direct or indirect, as a contracting party or otherwise, in the
performance of this Contract.
18. Subcontracts. The Contractor shall utilize no subcontractors forcarrying
out the services to be performed under this Contract without the written approval of the
County.
19. Entire Agreement. This agreement constitutes the entire understanding of
the parties.
20. Binding Effect. This contract shall be binding upon the parties hereto, and
their heirs, successors, executors, administrators and assigns.
21. Further Actions. The parties will make and execute all further instruments
and documents required to carry out the purposes and intent of this contract.
22. Inclusive Terms. Use of the masculine herein shall include the feminine
and neuter, and the singular shall include the plural.
23. Governinq Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina.
24. Notices. All notice required hereunder to be sent to either party shall be
sent to the following designated addresses, or to such other address or addresses as
may hereafter be designated by either party by mailing of written notice of such change
of address, by Certified Mail, Return Receipt Requested:
To County:
New Hanover County Registry of Deeds
Attention: Jennifer Hardison, Administrative Assistant
216 North 2nd Street
Wilmington, North Carolina 28401
To Contractor:
Joseph J. Marotti Co., Inc.
Attention: Joseph J. Marotti, Jr., President
335 Westford Road
Milton, Vermont 05468
25. Assignability. It is mutually agreed by the parties hereto that this contract
is not transferable and shall not be assigned by either party without the written consent
of the other party to this contract.
26. Amendments. This Contract shall not be modified or otherwise amended
except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
e day and year first above written and by authority duly given.
NEW HANOVER COUNTY
==-;5\j ~
County Manager
ATTEST:
~\)~ '-- ~~i}~
Clerk to the Board
[CORPORATE SEAL]
ATTEST:
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
;'iscal Control Act. ~Pro\d as to form:
. ' AA~.j)(lr-' q\lllo(P }"_f~~~
o ty Finance Director ounty Attorney
NORTH CAROLINA
NEW HANOVER COUNTY
I~ c.. (irowe1 ( , a Notary Public of the State
and County afor aid, ce Ify that Sheila Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its
Manager, sealed with its corporate seal and attested by herself as its Clerk.
~t..wIJNESS my hand and official seal, this I~ day of
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STATE OF '" "
COUNTYOF ~
I, 1-0 f\e +---\-r- . r \J; Y\ 0 , ,? ,Notary Public of the State
and County aforesaid, ce~~~!hat --oc . (,L,O-ftl, came before me this day
and acknowledged that (~Secretary f JOSEPH J. MAROTTI CO., INC., and that
by authority duly given and as the act of the corporation, the foregoing instrument was
s~d in its name as its President, sealed with its corporate seal and attested by
~erself as its Secretary.
ATTEST:
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
~",~.:n,,", qH"c., -! ,)~clu..U~QDI
o ty Finance Director ounty Attorney
NORTH CAROLINA
NEW HANOVER COUNTY
I~ t. Ql(bwJ ( , a Notary Public ot the State
and County afor aid, ce Ify that Sheila Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its
Manager, sealed with its corporate seal and attested by herself as its Clerk.
~WWITNESS my hand and official seal, this 1Lf1b- day of
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STATE OF III \I
COUNTYOF ~
I, L {{e +-~- ,'I 'V; Y1 0 , If? ,Notary Public of the State
and County aforesaid, ce~!!t!hat -vc . t?--ro-th, came before me this day
and acknowledged that (~Secretary f JOSEPH J. MAROTTI CO., INC., and that
by authority duly given and as the act of the corporation, the foregoing instrument was
~d in its name as its President, sealed with its corporate seal and attested by
~erself as its Secretary.
QITNESS my hand ~al' this 3 lst day of
~ ,2006., ~~-R~
ary Public
My commission expires: c:2.,' 10 . 0 -7
v /- U/UIj
R.L. Ballard & Associates Joseph J. Marotti COo')hlC.
3500 Wedgewood Drive Conservation Laborato,:v
New Bern, N.C. 28562 335 Westford Road
TEL 252-637-3002 Milton, VT 05468
TEL (802) 893-6212
"Partners in Conservation " FAX (802) 893-6222
4 August 2006
NEW HANOVER COUNTY
Becky Smith
Register of Deeds
216 N. Second St., 2nd Floor
Wilmington, NC 28401
Dear Ms. Smith;
Based upon an examination of your records conducted by our conservation services
representative, Mr. Ken Barrows ofRL. Ballard and Associates, we are pleased to offer
our updated proposal for the restoration of your records, including the four, Block Books
which were not on the original proposal of31 October 2006. We have tried to include all
pertinent information; however, if you should have any questions which we have left
unanswered, please do not hesitate to call upon RL. Ballard or us for further explanation.
Because of their poor condition, we are recommending all of the deed and other materials
examined be encapsulation. The finished volumes will be placed into Enduro Heritage
Recorder binders, which are the best quality permanent record binders available.
We would call your particular attention to the unit pricing which we have offered you on
this project; on a three year maximum commitment, this will save your county
$ 17,000.00.
With regard to transportation of records, RL. Ballard will make all of the necessary
arrangements for packing and shipping of your records to and from our laboratory.
Should the need arise for information from the records while they are in our possession,
requests are usually able to be processed by phone, mail, or fax the same day.
We appreciate your interest in our services, and hope that we may have the opportunity to
serve your conservation needs with regard to the preservation of your valuable and
irreplaceable records.
/
]'Il~W HANOVER COUNTY, NORTH CAROLINA - CONDITION REPORT A.L~D
PROPOSAL FOR TREATMENT
DESCRIPTIONIINITIAL CONDITION
Approximately twenty eight deed and other volumes were examined. All were found to
be severely deteriorated from acid hydrolysis, and all exhibited discoloration,
embrittlement, and fragmentation. Record of Deeds AB and four of the Block Books
have been laminated by the Barrows process. Based upon our past experience with North
Carolina records, these five volumes were most likely processed by the State Archives, in
which case the paper was deacidified prior to lamination, and there is no compelling
reason to reverse the lamination. Laboratory analysis will be required to confirm or deny
this assumption; however, at the present time, we have not included the cost of
delamination in your estimates. All of these documents are recommended for archival
encapsulation and loose leaf binding.
TREATMENT
1. Transportation of documents to laboratory.
2. Inspection, logging, and control numbering (as required) of all documents.
3. Disbinding and surface cleaning of documents with gum rubber, vinyl granules, and
other archival materials.
4. Removal of all pressure sensitive tape and adhesive residue wherever possible without
further degradation to the document or text.
5. Spray deacidification of documents with Bookkeepers@ commercially prepared
deacidification solution.
6. Mending and reinforcement of documents with archival and reversible methods and
acid free materials such as Japanese Kozo paper and methyl cellulose, Filmoplast R,
Crompton's tissue, or LC tissue.
7. Archival encapsulation of all documents with Skyrol SKC SH72S @ or equivalent
PET polyester film of 3 mil thickness.
8. Loose leaf binding of all materials into Enduro Heritage Recorder binders.
9. Quality assurance inspection of completed documents.
10. Return transportation of documents to client.
NEW HANOVER COUNTY, NORTH CAROLINA - PRICE STABILIZATION
AND UNIT PRICING.
We would like to suggest that if New Ha...'1over County would make a firm commitment to
a consecutive one to three year program with our company to accomplish this entire
project, we would, in turn, be willing to:
A. hold prices firm over the same period :1: 5% per annum.
B. further REDUCE COSTS by offering the following UNIT PRICING for the above
listed records provided the entire project is agreed to in the suggested time frame:
1. RESTORATION/ENCAPSULATION/LOOSE LEAF BINDING SPLIT/2 (18 VOLS)
@$ 1,400.00
This would reduce the total project cost from $ 52,384.00 to $ 35,332.00, a reduction in
cost of $ 17,052.00.
In any event, the above restoration cost estimates will be held firm for one year from the
date of this proposal.
4 August 2006
;p seph J. Marotti, Jr.
resident
NEW HANOVER COUNTY, NORTH CAROLINA - RESTORA TlON COST ESTIMATES
DESCRIPTION - ALL VOLS ENCAP # VOLS REGULAR COST UNIT PRICING
Torrens System of Registration RT-l SINGLE $1,591.00 $1,591.00
Block Book 1-135 Barrows SINGLE $1,030.00 $1,030.00
Block Book 136-300 Barrows SINGLE $1,138.00 $1,138.00
Block Book 301-450 Barrows SINGLE $1,075.00 $1,075.00
Block Book 451-600 Barrows SINGLE $1,066.00 $1,066.00
Block Book I SINGLE $742.00 $742.00
Block Book II SINGLE $760.00 $760.00
Block Book III SINGLE $706.00 $706.00
Block Book N SINGLE $706.00 $706.00
Block Book 1 SPLIT12 $1,318.00 $1,318.00
Record of Deeds AB Barrows SPLIT 12 $1,938.00 $1,400.00
Record Book 1 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 2 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 3 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 4 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 5 SPLIT/2 $2,550.00 $1,400.00
Record of Deeds 7 SPLIT /2 $2,550.00 $1,400.00
Record of Deeds 8 SPLIT /2 $2,550.00 $1,400.00
Record of Deeds 9 SPLIT/2 $2,550.00 $1,400.00
Record of Deeds 13 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 39 SPLIT12 $2,325.00 $1,400.00
Record of Deeds 47 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 50 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 51 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 54 SPLIT/2 $2,325.00 $1,400.00
Record of Deeds 60 SPLIT/2 $2,214.00 $1,400.00
Record of Deeds 65 SPLlT/2 $2,325.00 $1,400.00
Record of Deeds 66 SPLIT12 $2,325.00 $1,400.00
GRAND TOTALS $52,384.00 $35,332.00
GENERAL SPECIFICATIONS FOR BOOKS AND MANUSCRIPTS
1. All volumes are to be dismantled as necessary.
2. All pressure sensitive and harmful tapes and adhesives are to be removed where
possible using the most appropriate technique and/or solvents, without further
degradation to the document or text.
3. All loose soil and surface dirt to be removed by appropriate dry cleaning methods
which may employ the use of brushes, gum rubber compounds, opaline pads, or vinyl
granules.
4. All manuscripts and books are to be thoroughly inspected and tested with respect to
solubility of the inks, rulings, dyes, and other media present which may be affected by
deacidification in order to determine the most appropriate method of treatment.
5. All volumes are to be deacidifed. Aqueous deacidification shall be performed on
materials where non water soluble inks are present and spray (Bookkeepers@)
deacidification shall be performed on materials where water soluble inks are present.
Aqueous deacidification shall be done with magnesium bicarbonate solution titrated in
the range of 17-20.
6. Materials to be treated aqueously shall be washed in purified water containing no iron
or other undesirable metallic ions. Treatment water shall be slightly alkaline. Paper shall
be alternately washed and rinsed until no further discoloration is evident in the rinse
water.
7. All minor tears and rips shall be mended by archival mending procedures, utilizing
Japanese tissue paper and conservation grade acid free, reversible adhesive. Acceptable
materials may include Japanese Kozo tissue and methyl cellulose adhesive, Filmoplast R,
Crompton's Tissue, and LC Tissue.
8. All Index tabs are to be repaired, reinforced, or replaced as necessary.
9. All materials are to be put into loose leaf or bound format by one of the following
techniques:
A. FOR SEVERELY EMBRITTLED MATERIALS:
After deacidification, mending, and other appropriate conservation treatments, disbound
sheets are to be encapsulated with archival quality Skyrol SKC SH72S@ or equivalent
PET stable base polyester film or 3 or 4 mil thickness. Capsules/envelopes are to be
radio (heat) edge welded construction, and punched on one side to allow for placement
into appropriate high quality Enduro Heritage permanent record loose-leaf binders.
GENERAL SPECIFICATIONS FOR BOOKS AND MANUSCRIPTS (2)
B. FOR PREVIOUSLY BOUND DOCUMENTS IN REASONABLE CONDITION:
All materials orginally bound are to be hand sewn and rebound on sewing frames to
insure tightness. Additionally. boards must be alkaline buffered. Hinging of binding to
boards shall be done with linen or deacidified canvas, and attachment shall be hidden so
that lining papers present a smooth and continuous appearance from the cover to the
flyleaf; no hinging materials shall be visible.
10. The restoration facility shall have Class A four hour fire protection, and shall provide
such four hour protection to records at all times except when personnel are actively
engaged in restoration activities during normal working hours. This shall include all non-
working hours regardless of the state of progression of the work; four hour protection
shall be provided while records are being blotted. pressed. or otherwise treated. where
such treatment cannot be fully completed within the course of a normal working day. In
addition, such restoration facility shall be protected by 24 hour electronic fire detection
system(s).
Jpdate on Avceptanc( of Polyester Film Products for Use in Encapsulation of Paper Artifacts (Preservation... Page 1 of 1
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Home>> Research and Testing>> Update on Acceptence of Polyester
UPDATE ON ACCEPTANCE OF POLYESTER FILM PRODUCTS FOR USE IN I
ENCAPSULATION OF PAPER ARTIFACTS
Revised October 22, 2004)
Over the past several months, we have tested several biaxially oriented polyethylene terephthalate (PET)
polyester films and found them to be satisfactory for use in encapsulation of paper artifacts. The
acceptable films are:
~ Melinex@ film types 455, 456, 515, 516, KL and KM made by DuPont Teijin Films, Hopewell, VA
23860.
~ Hostaphan@ 43SM film, made by Mitsubishi Polyester Film, LLC, of Greer, SC 29652.
~ KC Inc.'s films SH71S@, SKC SH72S@ and SKC SH18S@. These films are available from Interfilm
Holdings Inc., 223 Pine Road, Easley, SC 29642.
> Tairlin CH28@ film, manufactured by Nan Ya Plastics Corporation, Taipei, Taiwan, and available from
Granwell Products, Inc., 185 Fairfield Avenue, West Caldwell, NJ 07039. I
To the best of our knowledge, all of the tested films, with the exception of Melinex type KL and type KM I
films, are coated for slip on one or both sides for ease of handling. The two uncoated films are available in \
very small thicknesses, 92 gauge for Melinex@ type KL and 48-200 gauge for type KM, which
conservators may find limiting for many applications (100 gauge equals approximately 1 mil or one I
thousandth of an inch). While we would generally prefer uncoated stock to eliminate any chance of an I
unforeseen interaction with the artifacts being encapsulated, we do realize that most processors find slip I
1
coating to be essential for ease of handling. Moreover, most such coatings are highly stable. !
j
i
While we have found the films mentioned above to be generally acceptable for use in paper conservation, I
I
the ultimate test for acceptability of any polyester film must be the ease and consistency with which these I
films can be sealed or joined with the equipment that is available to the individual user. I
I
!
We are pleased to share information about product testing with the preservation community, with the
understanding that information concerning favorable test results in no way implies product endorsement.
Vendors are strictly prohibited by law from implying or claiming that the Library of Congress I
endorses any specific product, service, or material.
An essential cautionary note: Research in our laboratories has clearly shown that, over the long-term,
encapsulation of papers without an alkaline reserve is likely to hasten their degradation. The real and
immediate gain in protecting fragile paper from physical handling needs to be weighed against the equally
real risk of faster aging. However, clear and practical solutions are available to conservators to avoid this
balancing act. With the many options available for deacidification today, most papers can be deacidified
before encapsulation. Where this option is not available or desirable for whatever reason, a sheet of
alkaline paper inserted within the polyester envelope will also overcome the effects of trapped acids
formed in the aging of paper, and actually help extend the life of the encapsulated artifact.
Home >> Res,"arch aDd Testing >> Update on Acceptence of Polyeste
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November 14, 2005 !
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 11 Estimated Time: Page Number:
Department: Sheriffs Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey, Sheriff
SUBJECT:
Approval to Accept Grant Award from the Office of Justice Programs for Purchase of Bulletproof Vests
BRIEF SUMMARY:
The Sheriff's Office has been awarded a grant in the amount of $22,320 from the Office of Justice Programs for the
purchase of bulletproof vests. This is a 50-50 grant with a local match of $22,320. The Sheriff is requesting that General
Fund Contingency funds be used for the local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend acceptance of the grant and approval of the associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: $22,320 Federal
$22,320 County local match, requested from GF Contingency funds
ATTACHMENTS:
~
iii.:":::':
Award documentation 07-082.doc
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
-
Jurisdiction Name City State C?n~ressional BVP Funding
DIstricts Amount
HIGHLANDS TOWN HIGHLANDS NC 11 $954.98
HILLS BOROUGH TOWN HILLS BOROUGH NC 04 $5,478.36
HOKE COUNTY RAEFORD NC 08 $3,150.00
HUNTERSVILLE TOWN HUNTERSVILLE NC 09 $5,771.57
IRED ELL COUNTY STATESVlLLE NC 05 $9,607.97
JONESVlLLE TOWN JONESVILLE NC 05 $998.00
KANNAPOLlS CITY KANNAPOLlS NC 08 $4,566.23
KERNERSVILLE TOWN KERNERSVILLE NC 05 $3,420.00
KILL DEVIL HILLS TOWN KILL DEVIL HILLS NC 03 $1,059.30
KINGS MOUNTAIN CITY KINGS MOUNTAIN NC 10 $8,646.94
K1NSTON CITY KINSTON NC 01 $9,545.00
KITIY HAWK TOWN KlTIY HAWK NC 03 $1,252.50
KNIGHTDALE TOWN KNIGHTDALE NC 13 $1,080.00
KURE BEACH TOWN KURE BEACH NC 07 $265.32
LAKE LURE TOWN LAKE LURE NC 10 $1,325.00
LEE COUNTY SANFORD NC 02 $3,076.50
LELAND TOWN LELAND NC 07 $1,575,00
LENOIR CITY LENOIR NC 10 $2,327.25
LEXINGTON CITY LEXINGTON NC 12 $4,128.32
L1LLlNGTON TOWN L1LLlNGTON NC 02 $6,300.00
L1NCOLNTON CITY L1NCOLNTON NC 10 $1,370.10
LONG BEACH TOWN OAK ISLAND NC 07 $1,307.08
LONG VIEW TOWN HICKORY NC 10 $604.30
MACON COUNTY FRANKLIN NC 11 $885.00
MARION CITY MARION NC 11 $2,610.00
MARTIN COUNTY WlLLlAMSTON NC 01 $2,225.00
MATTHEWS TOWN MATTHEWS NC 09 $7,350.00
MIDDLESEX TOWN MIDDLESEX NC 02 $359.75
MOCKSVlLLE TOWN MOCKSVlLLE NC 05 $650.00
MONROE CITY MONROE NC 08 $6,955.00
__ MOORE COUNTY CARTHAGE NC 06 $4,650.00
INEW BERN CITY NEW BERN NC 01,03,11 $9 588.60
I/J' NEW HANOVER COUNTY WILMINGTON NC 07 ~22 320.0<;}
NEWTON CITY NEWTON NC 10 $1,800.olii
NORTH CAROLINA RALEIGH NC All Districts $144,994.061
NORTH TOPSAIL BEACH TOWN NORTH TOPSAIL BEACH NC 03 $1,625.00
NORTH WlLKESBORO TOWN N WlLKESBORO NC 05 $6,950.00
OCEAN ISLE BEACH TOWN OCEAN ISLE BEACH NC 07 $3,477.50
ORANGE COUNTY HILLSBOROUGH NC 04 $741.85
PERQUIMANS COUNTY HERTFORD NC 01 $3,784.06
PINE LEVEL TOWN PINE LEVEL NC 02 $1,980.00
PINETOPS TOWN PINETOPS NC 01 $3,850.00
PINEVILLE TOWN PI NEVILLE NC 09 $2,633.68
PITT COUNTY GREENVlLLE NC 01 $1,446.47
PITTSBORO TOWN PITTSBORO NC 04 $730.28
RALEIGH CITY RALEIGH NC 13 $62,509.64
RANDLEMAN CITY , RANDLEMAN NC 06 $1,273.60
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Budget Amendment
BUDGET AMENDMENT Number: 07-082
DEPARTMENT: Sheriffs Office
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Contingencies:
Contingencies $22,320
Uniform Patrol:
Uniforms Purchase $44,640
Revenue Decrease Increase
Uniform Patrol:
Office of Justice Program Grant $22,320
EXPLANATION: To budget grant award in the amount of $22,320 from the Office of Justice Programs' FY 2006
Bulletproof Vest Partnership Program. This is a 50-50 grant with a local match of $22,320. The grant award and
local match will provide a total of $44,640 for the purchase of bulletproof vests for Sheriff's Office law
Enforcement Personnel.
ADDITIONAllNFORMA TION: With approval of this budget amendment, the amount available in Contingency will
be $319,656.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Consent Item #: 12 Estimated Time: Page Number:
Department: TAX Presenter:
Contact: Robert Glasgow
Item Does Not Require Review
SUBJECT:
Release of Value
BRIEF SUMMARY:
Request the following taxpayers be granted the Senior Citizen/Disability Exclusion: (applications and letters explaining late
filing available upon request)
Forbes, Shirlee J. $47,907
Morgan, Betty Jean 20,000
Picone, Anna L. 54,633
Riley, Gloria G. 20,000
Smith, Kenneth J. 4,598
Request the following late list penalties be released as this was the taxpayer's first offense:
Comfort Solutions $ 10.80
Hanover Federal Credit Union 27.06
JTV Management Co. 76.00
Rose Bros Furniture Inc 17.57
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Budget Amendment
Consent Item #: 13.1 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-066
DEPARTMENT: Health
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Women's Preventive Health:
Supplies $19,732
Revenue Decrease Increase
Women's Preventive Health:
Women's Preventive Health Grant $19,732
EXPlANA TION: To budget increase in Women's Preventive Health Grant for the purchase of additional oral
contraceptives.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/13/06
Budget Amendment
Consent Item #: 13.2 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-072
DEPARTMENT: Museum
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Training and Travel $500
Revenue Decrease Increase
Duke Research Grant $500
EXPLANATION: To budget additional monies received from the Duke Research Grant. Funds will be used for
travel to research archives for information to be incorporated into future Museum exhibits.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Budget Amendment
Consent Item #: 13.3 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-073
DEPARTMENT: Aging
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Transportation:
TAP - Elderly $122
Revenue Decrease Increase
Transportation:
Elderly Transportation Grant $122
EXPLANATION: To budget additional funds received from Elderly Transportation Grant.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Budget Amendment
Consent Item #: 13.4 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-075
DEPARTMENT: Criminal Justice Partnership Program
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Contract Services $28,810
Revenue Decrease Increase
CJPP Grant $28,810
EXPLANATION: To increase budget to actual amount of grant award received from Criminal Justice Partnership
Grant for FY 06-07. Funds are used to pay Coastal Horizons for the Day Sentencing Program.
ADDITIONAL INFORMATION: This program is designed to reduce recidivism rates, reduce number of probation
revocations, and reduce alcoholism and other drug dependencies among offenders.
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
Meeti ng Date: 11/13/06
Budget Amendment
Consent Item #: 13.5 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-081
DEPARTMENT: Health
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Mobile Dental Unit:
Supplies $20,000
Revenue Decrease Increase
Mobile Dental Unit:
Miscellaneous Revenue $20,000
EXPlANA TION: To budget funds received from Brunswick County Health Department to purchase supplies for the
Mobile Dental Unit as part of their partnership with New Hanover County Health Department.
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
Meeti ng Date: 11/13/06
Budget Amendment
Consent Item #: 13.6 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 2007-37
DEPARTMENT: Sheriffs Office
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the Federal Forfeited Property Fund, and that the following
revenue is estimated to be available to meet this appropriation.
Expenditure Decrease Increase
Federal Forfeited Property:
Supplies $16,393
Revenue Decrease Increase
Federal Forfeited Property:
Federal Forfeited Property $16,393
EXPLANATION: To budget additional funds received on October 20,2006, and October 27,2006.
ADDITIONAL INFORMATION: Federal Forfeited Property funds are budgeted as received and must be used for law
enforcement as the Sheriff deems necessary.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
This page intentionally left blank.
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1: 10 p.m. 1. Presentation of New Hanover County Service Awards 89
1: 15 p.m. 2. Consideration of a Proclamation to Designate November 1 through December 91
31,2006 as Friends Feeding Friends Food Drive
1 :20 p.m. 3. Public Hearing 93
To Consider Amending the Articles ofIncorporation of the Lower Cape Fear
Water & Sewer Authority to Increase the Representation of Bladen County on
the Authority's Board and Adoption ofa Resolution Approving the Change in
Membership
1 :25 p.m. 4.1 Public Hearing 99
Special Use Permit - Request by Lewis Martin & Jussara Bastos to Locate a
Bed & Breakfast Inn on 1.28 acres at 1731 Castle Hayne Road in the R-15
Zoning District (S-567, 8/06)
1:40 p.m. 4.2 Public Hearing 105
Rezoning - Request by Worsley Investment & Development to Rezone
Approximately 12 Acres Located at 5939 Judges Road near 6009 Market
Street from 1-1 Industrial District to R -10 Residential Zoning District (Z-849,
10/06)
2: 10 p.m. 4.3 Public Hearing III
Rezoning - Request by Withers and Ravenel for GSSC Properties, Sellers,
Carter, and Gaskins to Rezone Approximately 5.79 Acres Located at 609,611,
621,623, and 625 Piner Road from R-15 Residential Zoning District to 0&1
Office & Institutional Zoning District (Z-850, 10/06)
2:40 p.m. Break
2:50 p.m. 4.4 Public Hearing 117
Conditional Use Zoning District - Request by Ward and Smith, PA for Bill
Clark Homes of Wilmington, LLC to Rezone Approximately 5.8 Acres at
5025 and 5031 Carolina Beach Road (off Appeals Road) from R-15 to CD(R-
10) High Density (Z-851, 10/06)
3:20 p.m. 5. Consideration of Request for Funding Up to $781,250 for Carolina Beach 125
Inlet Dredging and Carolina Beach Nourishment
3:35 p.m. 6. Consideration of Fee Adjustment - Sedimentation and Erosion Control 131
Program
3:45 p.m. 7. Consideration of Fee Adjustment - Stormwater Services 137
3:55 p.m. 8. Consideration of Approval of Bylaws for the Consolidation Advisory 143
Committee
4:05 p.m. 9. Committee Appointments 149
4: 10 p.m. 10. Meeting of the Water and Sewer District 175
4:25 p.m. 11. Non-Agenda Items (limit three minutes)
4:30 p.m. 12. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
4:40 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.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 1 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce Shell
Contact: Rosetta Bryant
Item Does Not Require Review
SUBJECT:
Presentation of New Hanover County Service Awards
BRIEF SUMMARY:
The following employees are eligible for service award recognition:
FIVE (5) YEAR: Thomas C. Tatum - Library; Karen B. Zuege - Health Department
TEN (10) YEAR: Michael Sansbury - Finance; Michael Hinson - Environmental Management
FIFTEEN (15) YEAR: Novella S. Harrell- Sheriffs Office
TWENTY (20) YEAR: Thomas W. Farmer - Water & Sewer/Engineering; Elise H. Coble - Social Services and Barbara L.
Rowe - Museum
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented service awards.
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 2 Estimated Time: Page Number:
Department: County Manager Presenter: Nancy Pritchett
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Consideration of a Proclamation to Designate November 1 through December 31, 2006 as "Friends Feeding
Friends Food Drive"
BRIEF SUMMARY:
Tamsie Lynch requests adoption of the attached proclamation on behalf of the Wilmington Branch of the Food Bank of
Central & Eastern North Carolina to designate November 1 through December 31,2006 as Friends Feeding Friends
Food Drive in New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
N H C Proclamation - Government Agency Friends Feeding Friends. doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
PROCLAMA nON
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Friends Feeding Friends Food Drive
November 1 through December 31,2006
Food Bank of Central & Eastern North Carolina, Wilmington Branch
WHEREAS, nearly one in eight United States households do not have access to enough
food to meet their basic needs, more than nine million people live in households that go
hungry; and
WHEREAS, 50,000 people are at risk of hunger every day, thirty-nine percent are
children, seventeen percent are elderly, and the remaining forty-four percent are our
working poor who are making difficult choices between paying rent, medical costs and
bills, utilities and nutritious food for their families; and
WHEREAS, the Food Bank of Central & Eastern North Carolina, Wilmington Branch
that serves Brunswick, Columbus, Pender and New Hanover Counties, distributed over
3.5 million pounds of food to over 100 nonprofit agencies in fiscal year 2005-2006; a
growth of over 279% from the 1997-1998 fiscal year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 15t through December 31 st be recognized as "Friends
Feeding Friends" in New Hanover County and its communities to encourage and engage
in a food drive and education, awareness and participation in eliminating and eradicating
hunger and homelessness.
Adopted this, the 13th day of November 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
....._~-_.._.~..._.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 3 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Public Hearing to Consider Amending the Articles of Incorporation of the lower Cape Fear Water & Sewer
Authority to Increase the Representation of Bladen County on the Authority's Board and Adoption of a Resolution
Approving the Change in Membership
BRIEF SUMMARY:
After holding a public hearing, the Board is requested to adopt a resolution approving the change in membership. Don
Betz, Executive Director of the Lower Cape Fear Water & Sewer Authority (LCFWSA), may be present to answer questions.
The increase in membership for Bladen County is due to the surface water facilities being constructed there by the
LCFWSA.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
........ ........
. .. . ..
LCFW&S add. doc ARTICLES OF AMENDMENT.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Held public hearing, approved 5-0.
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
RESOLUTION APPROVING AMENDMENT TO THE
ARTICLES OF INCORPORATION OF THE LOWER CAPE FEAR WATER AND SEWER
AUTHORITY TO INCREASE THE REPRESENTATION OF BLADEN COUNTY ON THE
AUmORITY'S BOARD
WHEREAS, the Lower Cape Fear Water and Sewer Authority has recommended
to the counties comprising the Authority's Board of Directors and to the City of
Wilmington that the number of members to be appointed to the Authority's Board by the
County of Bladen be increased from one to two;
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners for the
County of NEW HANOVER that:
Section 1. Paragraph (d) of the Articles ofIncorporation of the Lower Cape Fear
Water and Sewer Authority shall be amended to provided that the Authority shall have
fourteen members, two appointed by each of the organizing political subdivisions, four
appointed by Brunswick County, two appointed by Columbus County, two appointed by
Pender County and two appointed by Bladen County. A copy of the Articles of
Amendment is attached hereto as Exhibit A.
Section 2. The attached Articles of Amendment shall be executed on behalf of
NEW HANOVER County by the Chairman of its Board of Commissioners and the
official seal of said Board of Commissioners shall be affixed thereto and attested by the
Clerk to said Board, and the Clerk to said Board is hereby authorized and directed to file
with the Secretary of State of North Carolina or to assist the Authority in so filing, a
certified copy of this resolution along with proof of publication of notice of public
hearing on the question of this resolution.
ADOPTED this the 13th day of November, 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
.--- ..,_..~--- --
ARTICLES OF AMENDMENT
OF
LOWER CAPE FEAR WATER AND SEWER AUTHORITY
NOW COMES Lower Cape Fear Water and Sewer Authority, pursuant to
resolutions adopted by each of its member governments approving the text
amendments hereinafter set out, and further amends its Amended Articles of
Incorporation, dated July 5, 1977 (the "Articles of Incorporation"), as follows:
1. The name of the corporation is Lower Cape Fear Water and Sewer
Authority.
2. The text of each amendment adopted is as follows:
There is hereby deleted the current first sentence of paragraph (d) of the
Articles of Incorporation which reads as follows:
The Lower Cape Fear Water and Sewer Authority shall have
thirteen members, two appointed by each of said organizing political
subdivisions, two appointed by both Columbus and Pender County,
four appointed by Brunswick County and one appointed by Bladen
County.
There is substituted a new first sentence of said paragraph (d) which
reads as follows:
The Lower Cape Fear Water and Sewer Authority shall have
fourteen members, two appointed by each of said organizing political
subdivisions, two appointed by both Columbus and Pender County,
four appointed by Brunswick County and two appointed by Bladen
County.
The portion of paragraph (d) of the Articles of Incorporation which reads
the name and address of the member of said Authority appointed
by the Board of Commissioners for the County of Bladen are:
Name Address
W G. Fussell Bladenboro, N. C.
is deleted and there is substituted therefore the following:
the names and addresses of the members of the Lower Cape Fear
Water and Sewer Authority appointed by the Board of Commissioners
of the County of Bladen are Mr. Larry Smith, 2407 US Highway 701
North, Elizabethtown, NC, 28337(currently in office), and
------.---..--....-----
Mr. Larrv Johnson, Smithfield Packing Company, Highway 87,
Tarheel, NC (whose term shall commence upon the filing of these
Articles of Amendment with the North Carolina Secretary of State's
Office).
3. This amendment was adopted by the Lower Cape Fear Water and Sewer
Authority on the 9th day of October, 2006.
4. All member political subdivisions of the Authority approved the foregoing
amendment by resolution adopted after notice and public hearing. Each member
political subdivision is joining herein to further evidence such approval.
THIS_day of ,2006.
LOWER CAPE FEAR WATER AND SEWER
AUTHORITY
By:
ATTEST: Chairman
By:
Secretary
COUNTY OF BLADEN
By:
ATTEST: Chairman
By:
Clerk to the Board of Commissioners
for Bladen County, NC
COUNTY OF BRUNSWICK
By:
ATTEST: Chairman
By:
Clerk to the Board of Commissioners
.... _._-,-"_....~-
for Brunswick County, NC
COUNTY OF COLUMBUS
By:
ATTEST: Chairman
By:
Clerk to the Board of Commissioners
for Columbus County, NC
COUNTY OF NEW HANOVER
By:
ATTEST: Chairman
By:
Clerk to the Board of Commissioners
for New Hanover County, NC
COUNTY OF PENDER
By:
ATTEST: Chairman
By:
Clerk to the Board of Commissioners
for New Pender County, NC
CITY OF WILMINGTON
By:
ATTEST: Mayor
By:
City Clerk
City of Wilmington, NC
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 4.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Special Use Permit - Request by lewis Martin & Jussara Bastos to locate a Bed & Breakfast Inn on 1.28 Acres at
1731 Castle Hayne Road in the R-15 Zoning District (5-567,8/06)
BRIEF SUMMARY:
This proposal was continued from the September 5 Planning Board meeting. At its October 2, 2006 meeting, the Planning
Board voted 4-0 to recommend approval of the proposal. One neighbor who could not attend the meeting sent an email
expressing concerns about lighting, traffic, and septic problems in the area. No other opposing testimony was offered.
Staff recommends approval with no additional conditions.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the special use permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
........
. ..
S-567 Staff Summary.doc S-567 Petition Summary.doc site plan and zoning map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
SPECIAL USE PERMIT
S-567, 8/06; Bed & Breakfast Inn
Request By: Lewis Martin & Jussara Bastos
Location: 1731 Castle Hayne Road
This proposal was continued from the September 5 Planning Board meeting. At its
October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of
the proposal. One neighbor who could not attend the meeting sent em ail expressing
concerns about lighting, traffic, and septic problems in the area. No other opposing
testimony was offered.
Preliminary Staff Findings
1. The Board must find that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as
submitted and approved.
A. The property is served by well and septic tan1e
B. The property accesses Castle Hayne Road, an identified arterial.
C. Fire Service is available from the Wrightsboro Fire Station.
2. The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. The property is zoned R-15 Residential. Bed & Breakfast is allowed by
special use permit in the R-I5 Residential District.
B. Off-street parking requirements of I space per bedroom plus I per
employee are shown on the plan and meet the requirements of Article VIII
of the New Hanover County Zoning Ordinance.
C. The site plan indicates a parking arrangement to facilitate entrance to and
exit from the property without backing into the right of way. A circular
drive will be added.
D. Signage cannot exceed four (4) square feet.
E. No lighting beyond normal residential lighting is allowed.
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. Until recently Bed & Breakfast Inns have not been allowed in the county.
B. No evidence has been submitted that this project will decrease property
values of residents who live nearby.
C. No new structures are proposed for the Special Use.
-------....--....-.".
D. The applicant proposes to offer 2 ofthe 4 bedrooms for bed and breakfast
use.
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 2006 Land Use Plan identifies this area as Transition, which provides
for continued intensive development with urban services in place.
B. Policies in the plan support preservation of residential character and
quality of life in existing neighborhoods.
Suggested Conditions: Staff recommends no additional conditions.
ACTION NEEDED:
(Choose one)
1. Motion to approve based on positive findings (with or without
conditions).
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Recommend Denial based on specific findings in any of the
4 categories above, such as lack of consistency with adopted plans or
determination that the project will pose public hazards or will not
adequately meet requirements of the ordinance.
Case: S-567, 9/06
Petition Summary Data
Owner/Petitioner:
Existing Land Use: Residential Proposed: Bed & Breakfast Inn
Zoning History: July I, 1972 (9A)
Land Classification: Transition. The purpose of the Transition Land Classification is to
provide 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.
Water Type: Well
Sewer Type: Septic
Recreation Area: Cape Fear Optimist Park
Access & Traffic Volume: Castle Hayne Road with traffic counts of 18,319 ADT (4/05)
compared to 17,000 ADT (2001), an increase of7.76%
LOS: F (breakdown of traffic flow; system is failing)
Fire District: Wrightsboro FD
Watershed & Water Quality Classification: Smith Creek (C; SW)
Aquifer Recharge Area: Secondary recharge for Castle Hayne or Pee Dee aquifers where
occurring near land surface under water table conditions.
Conservation/Historic/Archaeological Resources: None with protected status. No COD
Septic Suitability: Class II - Moderate Limitations. Requires moderate modification
and maintenance
Schools: Freeman
Additional Info: No flood zone
No SHOD
No airport height considerations
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 4.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Worsley Investment & Development to Rezone Approximately 12 Acres located at 5939
Judges Road near 6009 Market Street from 1-1 Industrial District to R-10 Residential Zoning District (Z-849, 10/06)
BRIEF SUMMARY:
At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of this request. No one spoke in
opposition to the rezoning. Staff recommends approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
........
. ..
Z-848 Staff Summary.doc Z-848 Petition Summary.doc zoning map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The item was withdrawn.
CASE: Z-849, 10/06;
PETITIONER: Worsley Investment & Development
REQUEST: From 1-1 Light Industrial to R-I0 Residential District
ACREAGE: Approximately 12 Acres
LOCATION: 5939 Judges Road, behind 6009 Market Street
LAND CLASS: Urban
At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of
this request. No one spoke in opposition to the rezoning.
STAFF SUMMARY
The subject property is located on Judges Road near Market Street. Access is from an adjacent
residential lot on Judges Road which connects to the interior parcel as part of the proposal.
Judges Road was not rated for level of service since it is classified as a local road. The site does
not directly access Market Street, which is a principal arterial roadway less than a block from the
site. Market Street level of service is F, meaning traffic exceeds capacity. Traffic counts are not
available for Judges Road. Market Street average daily traffic increased over 27% between 2001
and 2005.
The subject property consists of two lots. The smaller parcel on Judges Road is currently
developed with one single family home and the larger interior parcel is vacant. Properties
surrounding the site are currently developed. Adjacent parcels to the south are zoned 1-1 and
developed as Judges Road Business Park. West of the subject property is zoned R-lO
(Wildflower, Crestwood and Weatherwood subdivisions) and developed with single family
residential use. North of the subject property, zoning is 1-1 Industrial and is developed with
automotive sales and repair uses. The City's jurisdiction begins directly adjacent to this site on
the east side along Market Street.
The property is located within the Smith Creek watershed drainage area but is not within the
regulatory floodplain. The site is in a primary recharge area for the principal aquifers. Public
water and sewer are available at the site. There are no known locally protected conservation,
historic or archaeological resources on the site.
Land Use Plan Considerations:
The 2006 Update of the Joint CAMA Plan describes the urban classification as areas providing
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.
Policies in the land use plan encourage designation of sufficient land area and suitable locations
for the various land uses and encourage preservation of the character of existing neighborhoods
and quality of life with the primary strategy to integrate development and growth with input from
->--..-....
residents, and also to develop design standards to replace use standards. Transition of lands from
one use to another is not specifically addressed.
This rezoning petition proposes a change to allow the County's highest residential density in an
expansion of an exiting R-I 0 district (Wildflower Subdivision), thereby eliminating 12 acres of
future industrial opportunity. Such a change would be an expansion of the residential density
policy in the area and allow residential use on this acreage on.3 units per acre where none is
currently allowed. High density residential would not presently be allowed because the property
does not front on an identified collector or higher level street. For this parcel, the resultant
maximum residential potential under current conditions would be about 39 single family units. If
a collector street were platted and constructed to serve the site, a high density proposal could be
considered. Maximum output on a high density project would be about 200 units. Other
permitted uses in the R-IO district include agricultural uses, wholesale nurseries and greenhouses,
towers and antenna, golf courses, parks and recreation areas, residential care, schools, churches,
libraries, landscape landfill, mobile homes, outdoor bazaars and a variety of special uses.
Traffic will likely feed primarily to Market Street but impacts may also be felt through the
existing neighborhoods as travelers take alternative routes to Market Street via Harley Road,
Gordon Road via Wood Sorrell Road in Weatherwood or N. College Road via indirect routes
through Kings Grant or Crestwood subdivisions. Weekday average trip generation for single
family detached units is estimated to generate 9.57 trips per day (ITRE manual). With the
requested change of zoning, anticipated residential trip generation would be approximately 383
trips per day compared to a variety of potential industrial generators which could generate as
much as 7 trips per 1,000 square feet of building area.
Based on the adjacency to an existing R-l 0 district and the anticipated improvements to traffic
flow from the Martin Luther King Parkway, Military Cutoff and the 1-140 bypass staff
recommends approval of the rezoning.
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 1-1 Light
Industrial to R-I0 Residential District is (or is not):
1. Consistent with the purposes and intent of the Urban land classifications and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage from industrial
zoning class to residential zoning class with base density of 3.3 units per acre in this
location adjacent to existing R-l 0 Residential development and within close
proximity to a major arterial roadway.
~~------~ .
Case: Z-849, 10/06
Petition Summary Data
Owner/Petitioner: Worsley Investment and Development
Existing Land Uses: Vacant and Residential
Existing Zoning I -1 Light Industrial Proposed: R-lO
Zoning History: August 18, 1971 and 11/03 (Area 6)
Land Classification: Urban
Water Tvpe: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access & Traffic Volume: Market Street (Major Thoroughfare) ADT 52,231(8/05);
ADT 41,000 (2001) and Judges Rd. (No Counts)
LOS: Market Street F (Breakdown of flow. Traffic exceeds capacity.)
Fire District: Ogden FD
Watershed & Water Quality Classification: Smith Creek (C;SW)
Aquifer Recharge Area: Primary recharge for principal aquifers.
ConservationlHistoric/ Archaeological Resources: None
Soils: Seagate (Se), Murville (Mu)
Septic Suitability: Class II- moderate limitations (Se); Class III- Severe
limitations (Mu)
Schools: Blount Elementary
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 4.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Withers and Ravenel for GSSC Properties, Sellers, Carter, and Gaskins to Rezone
Approximately 5.79 Acres located at 609, 611,621,623, and 625 Piner Road from R-15 Residential Zoning District
to 0&1 Office & Institutional Zoning District (Z-850, 10/06)
BRIEF SUMMARY:
At its October 2,2006 meeting, the Planning Board voted 4-0 to recommend approval of this requested zoning amendment.
No one spoke in opposition to the rezoning. Staff recommends approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
........
. ..
Z-850 Staff Summary.doc Z-850 Petition Summary.doc zoning map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
CASE: Z-850, 10/06;
PETITIONER: Withers & Ravenel for GSSC
Properties/Carter/Gaskins
REQUEST: From R-15 Residential District to 0&1 Office & Institutional
District
ACREAGE: Approximately 5.8 Acres
LOCATION: 609 thru 625 Piner Road
LAND CLASS: Transition and Conservation
At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of
this requested zoning amendment. No one spoke in opposition to the rezoning.
STAFF SUMMARY
The subject property is located on Piner Road near S. College Road at Monkey Junction. Access
is from Piner Road which is identified as a major collector on the thoroughfare plan. Level of
service has been rated F on Piner Road and on nearby College Road, meaning traffic volume
exceeds capacity.
The subject property is currently developed with residential uses in addition to vacant, wooded
acreage at the rear along Clayton Horn Dairy Road. To the east of the subject property is the
Federal Point Pentecostal Church and two additional residential parcels. Thereafter, zoning
changes to 0&1. Immediately west of the site is currently vacant but zoned 0&1. Behind the site
is the largely vacant 18 acre property brought before the Planning Board last month for rezoning
from R-15 to R-lO.
The subject property is located within the Motts Creek watershed drainage area and includes a
small area at the front ofthe property within the 1 % annual chance floodplain. The site is in a
primary recharge area for the principal aquifers. Public water and sewer are available at the site.
With the exception of the small floodplain, there are no locally protected conservation, historic or
archaeological resources on the site.
Land Use Plan Considerations:
The 2006 Update of the Joint CAMA Plan classifies this site as predominantly Transition with a
small area of Conservation. The CAMA Plan defines the Transition classification as areas
providing for future intensive urban development on lands that have or will have urban services.
The Plan applies a density limit of 2.5 units per acre on areas in the Conservation class.
Policies in the land use plan encourage designation of sufficient land area and suitable locations
for the various land uses and encourage preservation of the character of existing neighborhoods
and quality of life with the primary strategy to integrate development and growth with input from
residents, and also to develop design standards to replace use standards. Transition of lands from
one use to another is not specifically addressed.
This rezoning petition proposes a change from moderate density residential use to office and
institutional designation. The change would expand an existing 0&1 district on the west, partially
filling in the gap between existing 0&1 districts along Piner Road near the intersection.
Permitted uses in the 0&1 district include agricultural uses, wholesale nurseries and greenhouses,
utility facilities, towers and antenna, neighborhood drug store, banks, funeral homes, parks,
barber & beauty shops, health and personal care facilities, daycare, schools, churches, business
and professional offices, residential dwellings, mobile homes, and a variety of special uses,
including high density residential development.
Primary access to this property will be from Piner Road which functions at level of service F.
Average daily traffic volume increased by 12% in this location between 2001 and 2005. The
extent of traffic impacts will depend upon the uses ultimately chosen for the site.
Land use decisions in this location must consider impacts to the roadways which already function
at or above capacity. In this case a specific use is not identified so it is impossible to say with
certainty that a change in zoning to 0&1 will worsen the burden on the roadway. Recent
decisions to allow increases in residential intensity in this area support the concept that Monkey
Junction will continue to grow as a center for urban development. Rezoning to 0&1 will
reinforce this pattern of growth. Because of these reasons, staff recommends approval of the
rezoning.
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 0&1 Office and Institutional District is (or is not):
1. Consistent with the purposes and intent of the Transition and Conservation land
classifications and the associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to decrease acreage in a residential zoning
district by transitioning to acreage for office and institutional use in this location near
the intersection of Piner Road and S. College Road.
Case: Z-850, 10/06
Petition Summary Data
Owner/Petitioner: Withers and Ravenel for GSSC Properties, Carter, and
Gaskins
Existing Land Uses: Residential and vacant Proposed: 0&1
Zoning Historv: April 7, 1971 (Area 4)
Land Classification: Transition and Conservation
Water Type: Public
Sewer Type: Public
Recreation Area: Myrtle Grove Park
Access & Traffic Volume: Piner Road (Minor Thoroughfare) ADT 15,707(2005); ADT
14,000 (200 I)
LOS: F (Breakdown of traffic flow. Traffic exceeds capacity.)
Fire District: Myrtle Grove FD
Watershed & Water Qualitv Classification: Motts Creek (C;SW)
Aquifer Recharge Area: Primary recharge for principal aquifers.
Conservation/Historic/Archaeological Resources: Flood zone on west side.
Soils: Seagate (Se), Murville (Mu), Leon (Le)
Septic Suitability: Class II- moderate limitations (Se); Class III- Severe
limitations (Mu, Le)
Schools: Williams Elementary
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 4.4 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Conditional Use Zoning District - Request by Ward and Smith, PA for Bill Clark Homes of Wilmington, llC to
Rezone Approximately 5.8 Acres at 5025 and 5031 Carolina Beach Road (off Appeals Road) from R-15 to CD(R-10)
High Density (Z-851, 10/06)
BRIEF SUMMARY:
At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of the requested conditional district
zoning request, including the staff's recommended conditions plus one added condition. The additional condition is that
construction is only permissible Monday through Friday from 8:00 a.m. to 6:00 p.m. Several residents of the Willoughby
Park neighborhood expressed concerns about drainage and traffic, particularly construction traffic. The complete list of
conditions agreed to by the applicant were:
1. Developer to construct a coated chain link fence and a split rail fence around the retention pond.
2. Developer to plant a 5-foot vegetative buffer across the southeastern property line to conceal the
retention pond.
3. Developer will limit construction to Monday through Friday from 8:00 a.m. to 6:00 p.m.
Staff recommends approval with conditions.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the conditional use rezoning portion of the request.
If the zoning is approved, the County Commissioners must approve, or approve with conditions, the accompanying special
use permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
........
. ..
Z-851 Staff Summary.doc Z-851 Petition Summary.doc site plan and zoning map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Postponed at the request of the petitioner until the December 4, 2006 meeting so that traffic and drainage concerns may be
add ressed.
CASE: Z-851, 10/06;
PETITIONER: Ward & Smith, P A for Bill Clark Homes
REQUEST: From R-15 Residential District to CD(R-IO) Residential
District High Density Development
ACREAGE: Approximately 5.8 Acres
LOCATION: 5025 and 5031 Carolina Beach Road (interior lots)
LAND CLASS: Urban
At its October 2, 2006 meeting, the Planning Board voted 4-0 to recommend approval of the
requested conditional district zoning request, including the staff's recommended conditions
plus one added condition that construction is only permissible Monday through Friday
from 8:00 a.m. to 6:00 p.m. Several residents of the Willoughby Park neighborhood
expressed concerns about drainage and traffic, particularly construction traffic. The
complete list of conditions agreed to by the applicant were:
1. Developer to construct a coated chain link fence and a split rail fence around the
retention pond.
2. Developer to plant a 5-foot vegetative buffer across the southeastern property
line to conceal the retention pond.
3. Developer will limit construction to Monday through Friday from 8:00 a.m. to
6:00 p.m.
STAFF SUMMARY
The subject property is located off Carolina Beach Road adjacent to the Willoughby Park
development, approximately half a mile northwest of Monkey Junction. Access is from local
streets, Appeals Road off Willoughby Park Road, onto Carolina Beach Road, an identified arterial
on the thoroughfare plan. Level of service has been rated E on Carolina Beach Road, meaning
traffic volume is at capacity. No service ratings aTe available for the local streets.
The subject property is currently undeveloped, wooded acreage at the rear of residential
properties along Carolina Beach Road. To the north of the subject property is a high density R-15
residential project (The Lakes at Johnson Farms). West of the site are older R-15 residential
parcels separating this site from B-2 commercial zoning. To the east is the Willoughby Park
neighborhood, which is a satellite annexation within the City's jurisdiction. Further east is the
Walmart and Lowe's Home Improvement Conditional B-2 shopping area. South ofthe project is
a mix ofR-15 and CD (B-2) with R-lO residential further south.
The subject property is located within the Motts Creek watershed drainage area. It is not within a
special flood hazard area. The site is in a primary recharge area for the principal aquifers. Public
water and sewer are available at the site. There are no known locally protected conservation,
historic or archaeological resources on the site.
As a condition for rezoning, the applicant proposes that the use will be restricted to a high density
residential project which will meet all the requirements of the zoning ordinance. A companion
special use permit will bind the proposed use and restrictions to this property.
Land Use Plan Considerations:
The 2006 Update of the Joint CAMA Plan describes the urban classification as areas providing
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."
Policies in the land use plan encourage designation of sufficient land area and suitable locations
for the various land uses and encourage preservation of the character of existing neighborhoods
and quality of life with the primary strategy to integrate development and growth with input from
residents, and also to develop design standards to replace use standards. Transition of lands from
one use to another is not specifically addressed.
This rezoning petition proposes a change from moderate density R-15 residential use to the
County's highest density R-l 0 residential designation. The change would create a new R-l 0
district of 5.8 acres adjacent to a multi-family zoning designation within the City's jurisdiction.
The resulting increase would be 5 units for performance residential development and 39 units for
high density development.
Between 2001 and 2005, average daily traffic volume increased by 30% on Carolina Beach Road
in this vicinity. Traffic from the site will utilize Appeals Road to access Willoughby Park Road.
All traffic will feed into Carolina Beach Road from Willoughby Park Road. Appeals Road
intersects with Willoughby Park Road and stubs out at the eastern property boundary of this site.
No other points of interconnectivity have been provided within the surrounding area.
The Urban land classification promotes more intense urban development. Increases in intensity
have been considered and approved in proximity to Monkey Junction to support the area
becoming an urban node. The increase in intensity is consistent with the adjacent multi-family
and nearby high density projects. For these reasons, staff recommends approval of the proposed
rezoning.
ACTION #1 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 CD(R-IO) Residential District is (or is not):
1. Consistent with the purposes and intent of the urban land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to increase high density residential density
option from 10.2 units per acre to 17 units per acre in this location because the
companion special use high density project cannot achieve the maximum density on
this parcel within the context of all the development standards imposed by the
ordinance.
PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Public water and sewer are accessible for the property.
B. The property accesses an identified arterial via local streets meeting the access
requirements of Section 69.9(A)2 for residential high density projects.
C. Fire Service is available from the Myrtle Grove Fire Station.
D. The property is not located in a flood hazard area.
E. Stormwater retention has been included in the proposed site plan.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned R-15 Residential. This request is made concurrent with
conditional rezoning to CD(R-IO) Residential.
B. The proposed use is limited to attached single family residential.
C. Density for this project is limited by the standards of Section 69.4(5)(B) and
results in 43 allowable units on the 5.8 acre site.
D. Petitioner proposes off-street parking that exceeds the requirements of Article
VIII of the New Hanover County Zoning Ordinance by providing 90 spaces
rather than 86 as required.
E. Traffic circulation must meet the standards and requirements for private streets
outlined in the subdivision ordinance, and the street system must provide
adequate access for emergency service vehicles.
F. A traffic impact analysis was not required by NCDOT for this project.
G. Buffer of 52 feet will be provided between the existing conventional R-15
residential use and this property in accordance with Section 67-4(3) of the zoning
ordinance.
H. A tree survey has been performed and trees will be protected and mitigated as
required in Section 67 of the zoning ordinance.
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 submitted that this project will decrease property values of
residents who live nearby.
B. Stormwater management must perform in compliance with the requirements of
the County ordinance.
4. The Board must find that the location and character ofthe 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 2006 Land Use Plan identifies this area as Urban, which allows for higher
densities and intensities where public water or sewer is available.
B. Policies in the plan support preservation of residential character and quality of
life in existing neighborhoods.
C. Willoughby Park is a community of attached dwelling units and The Lakes at
Johnson Farms is a single family high density community.
Staff suggested conditions:
1. Coordinate with the City of Wilmington to confirm the appropriate design
standards for connection to Appeals Road, a public street in the City's
jurisdiction.
2. Site plan must be reviewed by TRC aud comments or conditions accepted.
ACTION # 2 NEEDED:
(Choose one)
1. Motion to Approve (with or without conditions) based on positive findings of fact.
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific findings in any of the 4 categories above, such as
lack of consistency with adopted plans or determination that the project will pose
public hazards or will not adequately meet requirements of the ordinance.
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Case: Z-851, 10/06
Petition Summary Data
Owner/Petitioner: Ward & Smith, PA for Bill Clark Homes of Wilmington,
LLC
Existing Land Uses: Vacant Proposed: CD(R-I0)
Zoning History: April 7, 1971 (Area 4)
Land Classification: Urban
Water Type: Public
Sewer Type: Public
Recreation Area: Myrtle Grove Park
Access & TrafficVolume: Appeals Rd./Willoughby Park Rd. (Local Access) to Carolina
Beach Rd. (Major thoroughfare) 32,705(2005); ADT 25,000
(200 I)
LOS: Carolina Beach Road = E (At Capacity)
Fire District: Myrtle Grove FD
Watershed & Water Ouality Classification: Motts Creek (C;SW)
Aquifer Recharge Area: Primary recharge for principal aquifers.
Conservation/Historic/Archaeological Resources: No locally protected considerations.
Soils: Lynn Haven (Ly), Leon (Le)
Septic Suitability: Severe limitations
Schools: Pine Valley Elementary
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 5 Estimated Time: Page Number:
Department: County Manager Presenter: David F. Weaver
Contact: David F. Weaver
SUBJECT:
Request Funding Up to $781,250 for Carolina Beach Inlet Dredging and Carolina Beach Nourishment
BRIEF SUMMARY:
The segment of the Atlantic Intracoastal Water Way (AI\MN) crossed by Carolina Beach Inlet is in need of dredging. In the
past, the Corps of Engineers has been responsible for this work but Federal budget concerns have, as outlined in the
attached letter, eliminated this project from the Corps' list of work. The County has been requested to contribute $781,250
to be a 50:50 partner with the State for a total cost of almost $1.57 million for the dredging of the 156,000 tons of sand in
the AIVVW and for the placement of the sand on Carolina Beach. Because the sand can be used for beach nourishment,
the project is beneficial and is eligible for funding through the Room Occupancy Tax. The Ports, Waterway, and Beach
Commission has recommended the County participate in the project up to a cost/share of $781 ,250. The Corps will
manage the project.
Because the project is on a tight time schedule for the dredging to occur this winter, the recommendation is for the County
to be willing to contribute up to $781,250 through adoption of the attached resolution, dependent upon the final cost, and to
authorize the County Manager to take appropriate action. This approach is similar to that taken for funding the recent
Wrightsville Beach nourishment project, as noted in the attached minutes of January 23, 2006.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
As recommended by the Ports, Waterway, and Beach Commission, staff recommends that the County Commissioners
adopt the resolution provided by the State for contribution up to $781,250 for up to 50% of the cost of the project.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
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AIWW Resolution New Hanover County. doc
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to approve failed 3-2, Kopp, Greer and Davis voting in opposition.
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING PAYMENT TO STATE OF NORTH CAROLINA FOR
MAINTENANCE DREDGING OF THE CAROLINA BEACH INLET CROSSING OF THE
ATLANTIC INTRACOASTAL W A TERW A Y AND SNOWS CUT CHANNELS
WHEREAS, the U.S. Army Corps of Engineers has historically maintained the Carolina Beach
Inlet crossing channel ofthe Atlantic Intracoastal Waterway, and Snows Cut channel at 12 feet
mean low water to allow safe commercial and recreational navigation; and
WHEREAS, the continued maintenance dredging of the Carolina Beach Inlet crossing channel
and Snows Cut channel is essential to the well-being of the local commercial fishing industry,
recreational fishing industry, tourism industry, general economic welfare and the unique quality
of life for Carolina Beach and other New Hanover County residents; and
WHEREAS, while both the Carolina Beach Inlet crossing and Snows Cut navigation channels
require maintenance dredging in FY 2006-2007, the Federal budget for FY 2006-2007 has not
been passed and is not likely to contain sufficient funding for the maintenance dredging of these
two important waterways; and
WHEREAS, the N.C. Department of Environment and Natural Resources recognizes the
immediate need and importance to perform maintenance dredging of the Carolina Beach Inlet
crossing channel and Snows Cut channel during Fiscal Year 2006-2007, and therefore is willing
to partner with New Hanover County and pay for 50 percent of the cost through a contract with
the U.S. Army Corps of Engineers; and
WHEREAS, New Hanover County also recognizes the immediate need and importance to
maintain the Carolina Beach Inlet crossing channel and Snows Cut channel this coming winter,
and has agreed to partner with the N.C. Department of Environment and Natural Resources in the
Corps of Engineers dredging projects scheduled during the period January to March 2007; and
WHEREAS, the North Carolina Federal Water Resources Development Law of 1969, G.S.
143.215.38 -.43 allows local government entities to cooperate with the State of North Carolina on
Federal projects such as the Carolina Beach Inlet crossing channel and Snows Cut channel
dredging projects; and
WHEREAS, the sand will be placed on Carolina Beach for nourishment of the beach.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners commits to pay the N.C. Department of Environment and Natural Resources
$781,250, or 50% of the cost, whichever is the lesser amount, required for the maintenance
dredging of the Carolina Beach Inlet crossing and Snows Cut navigation channels. New Hanover
County understands that this payment will be due immediately after the U.S. Army Corps of
Engineers opens bids and determines the estimated project cost for dredging these two channels.
Adopted this, the 13th of November 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
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WILMINGTON-NEW HANOVER
PORT, WATERWAY & BEACH COMMISSION
October 17, 2006
Mr. John Morris, Director
Division of Water Resources
NC Department of Environment and Natural Resources
1611 Mail Service Center
Raleigh, North Carolina 27699-1611
Re: Atlantic Intracoastal Waterway (AIWW)
Maintenance at Carolina Beach Inlet Crossing
Dear Mr. Morris:
Since the USACOE Wilmington District does not have adequate funding to perform
maintenance dredging at the Carolina Beach Inlet crossing, we understand that the
State of North Carolina is willing to enter into a Memorandum of Agreement (MOA) with
the USACOE to fund this important work. We also understand that the State of North
Carolina's willingness to enter this MOA is contingent upon 50% local cost sharing with
New Hanover County. This local share is estimated to be $781,250.00.
The Wilmington-New Hanover County Port, Waterway and BeachcCommission will meet
on this issue October 18th and forward our recommendation to the New Hanover County
Commissioners for formal approval at their next regularly scheduled meeting. Their
next meeting is scheduled for November 13th.
We appreciate your support of our coastal resources and your innovative approach to
solving funding problems for these critical projects. Thank you for your continued
assistance and support.
Sincerely, ~
~,
,PG
Chairman
Wilmington-New Hanover County Port, Waterway and Beach Commission
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, JANUARY 23, 2006 PAGE 508
PRESENTATION BY RICK CATLIN, CHAIRMAN OF THE PORT, WATERWAY & BEACH
COMMISSION
Rick Catlin, Chairman of the Port, Waterway & Beach Commission (PWBC), reported that at the North
Carolina Beach, Inlet and Waterway Association meeting on January 13,2006 the Association adopted The North
Carolina Coastal Crisis Rules of Engagement. The Port, Waterway & Beach Commission has also unanimously
adopted the Rules of Engagement. These rules have been formulated as a guide to coastal communities and as a
notice to the Federal and State governments in response to the Federal government's refusal both to honor existing
agreements for beach nourishment and waterway!inlet maintenance and to ignore the value of these projects in
general. The Rules of Engagement state:
. At the State and Local level we will attempt to remedy our emergency beach, inlet, or waterway problems
to prevent loss of life, property, or economic well being. These actions in no way signal our acceptance of
any policy of Federal abandonment.
. We will continue to seek the maximum interim participation possible from our Federal partners.
. We will pursue the completion of our recently initiated economic benefit studies to produce fair and
justifiable cost sharing recommendations for Federal, State and Local participation.
. We will expect and demand that our Federal partners negotiate sustainable and predictable cost sharing
agreements for our coastal maintenance projects, based on sound economic findings.
. Following the reestablishment of fair and equitable funding responsibilities, we will pursue long term
funding sources for our State and Local cost share.
The Port, Waterway & Beach Commission recommends that the Board of Commissioners, in response to
the need for Wrightsville Beach to receive beach nourishment this winter, approve an expenditure of up to $1.2
million from the Room Occupancy Tax Fund as the local share of a Federal funding proposal to accomplish the re-
nourishment. This project has been beset by excessive dredging bids and apparent unavailability of the normal
Federal funding process for re-nourishment. The project may be less after negotiations are completed and the Corps
searches for additional funds.
The Port, Waterway & Beach Commission recommends that the Board of Commissioners consider funding
a proposal with Marlow and Company to represent the County with regard to Federal funding and authorization of
beach nourishment projects. The cost to the Room Occupancy Tax Fund would be approximately $3250 per month
plus up to $350 per month for itemized expenses.
After discussion, the Board directed Staff to bring a proposal with Marlow and Company at the Board's
February meeting with further information Vice-Chairman Caster requested direction from the Board
Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to approve up to $1.2 million
expenditure from the Occupancy Tax Fund for Wrightsville Beach for beach nourishment and authorize the County
Manager to sign the agreement. Upon vote, the MOTION CARRIED 4 TO O.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 6 Estimated Time: Page Number:
Department: Engineering Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Fee Adjustment - Sedimentation and Erosion Control Program
BRIEF SUMMARY:
To meet the demands of development and to protect the environmental quality of New Hanover County, the Engineering
Department is proposing the establishment of the attached full-cost fee structure for the Sedimentation and Erosion Control
services and permitting process. The current fee schedule is also attached. The proposed fee structure is comparable to
other city and county fees as illustrated on the attached form. The fees will cover the costs currently associated with the
program and proposed staff additions.
The report, entitled Evaluation of Organizational Structure and Operational Policies and Procedures by Municipal and
Financial Services Group (MFSG), regarding New Hanover County's Engineering Department recommended regular review
of user fees to ensure the County's ability to cover the cost of sedimentation and erosion control programs, infrastructure
requirements, and mission-critical staff additions.
Future staff additions recommended in the MFSG Report includes the addition of erosion control field inspectors. Also, the
NCDENR Land Quality Section has audited the County's erosion control program and concluded that additional staff, both
field inspectors and reviewers, is imperative to meet the requirements of the State delegated program. Therefore, the
Engineering Department is proposing the addition of a permanent position for an erosion control inspector to be hired as
soon as possible. The position can be funded in the current budget for the remainder of the fiscal year. The formal request
will be brought to the Board in December. The addition of other personnel as recommended by NCDENR and in the MFSG
Report will be presented for approval in the 2007-2008 budget year to the County Commissioners. The proposed fee
structure has been reviewed and approval recommended by the Home Builders Association.
The new fee structure will generate approximately $300,000 in fee revenue per year.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of proposed fee schedule and approval of one permanent position.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 1
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
Proposed
Sedimentation & Erosion Control Fee Schedule
Residential Subdivision
Review Fee: $200
(Paid at the time of application)
(Includes initial and 2nd review)
Land Disturbance Fee: $150 per lot
(Paid at the time of plat recordation)
Subsequent Reviews: $200 each
(For each review after 2nd review)
Modifications: $200
Name Change: $200
Transfer of Ownership: $200
Commercial Development
Review Fee: $200
(Paid at the time of application)
(Includes initial and 2nd review)
Land Disturbance Fee: $400 per acre
(Paid at the time of Certificate of Occupancy)
Subsequent Reviews: $200 each
(For each review after 2nd review)
Modifications: $200
Name Change: $200
Transfer of Ownership: $200
(IO) acres additional $50 per acre.
Comparison Chart
Sedimentation Erosion Control Programs
Durham Winston Orange New Hanover New Hanover
County, NC County, NC
County,NC Salem,NC County,NC Current Pro Dosed
Review Fee $ 75 0 313 0 200
Land Disturbing Fee ($ per Acre 490 642 732 25-50 400
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 7 Estimated Time: Page Number:
Department: Engineering Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Fee Adjustment - Stormwater Services
BRIEF SUMMARY:
To meet the demands of development and to protect the environmental quality of New Hanover County, the Engineering
Department is proposing the establishment of the attached full-cost fee structure for the Stormwater services and permitting
process. The present fee structure is attached. The proposed fee structure is comparable to other city and county fees as
illustrated on the attached form. The fees will cover the County costs currently associated with the program.
The report, entitled Evaluation of Organizational Structure and Operational Policies and Procedures by Municipal and
Financial Services Group (MFSG), regarding New Hanover County's Engineering Department recommends regular review
of user fees to ensure the County's ability to cover the cost of stormwater programs, infrastructure requirements, and
mission-critical staff additions.
The Homebuilders Association has reviewed and recommended approval of the proposed fee structure. The Association
has expressed a strong desire for the creation of a comprehensive drainage management program, possibly through the
proposed consolidated water and sewer authority.
The new fee structure will generate approximately $300,000 in fee revenue per year.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of proposed fee schedule.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to deny the request was approved 3-2, Caster and Pritchett voting in opposition.
Proposed
Stormwater Fee Schedule
Residential Subdivision
Review Fee: $200
(Paid at the time of application)
(Includes initial and 2nd review)
Land Disturbance Fee: $150 per lot
(Paid at the time of plat recordation)
Subsequent Reviews: $200 each
(For each review after 2nd review)
Modifications: $200
Name Change: $200
Transfer of Ownership: $200
Minor Subdivision: $100
Exemption Request: $0
Commercial Development
Review Fee: $200
(Paid at the time of application)
(Includes initial and 2nd review)
Land Disturbance Fee: $400 per acre
(Paid at the time of Certificate of Occupancy)
Subsequent Reviews: $200 each
(For each review after 2nd review)
Modifications: $200
Name Change: $200
Transfer of Ownership: $200
Existing
NEW HANOVER COUNTY STORM WATERDESlGN MANUAL
SE,CflON 120 - Al'PLICA110N FEE SCHEDULE
SECTION 120 - APPLICATION FEE SCHEDULE
120.1 New Development and Redevelopment
The application.fee for an "Authorization-To-Construct" shall be based on the acreage of
land to be disturbed in accordance with the following:
Project Area Application Fee
10,000 Square Feet up to 1 Acre $100.00
1 Acre to up to 1 0 Acres $250.00
1 0 Acres up to 50 Acres $500.00
50 Acres and more $10.00 per Acre
120.2 Request for Transfer of Authorization- To-Construct
The application fee for requesting authorization to change ownership of a storm water
facility operating in accordance with an "Authorization-To-Construct" shall be $100.00.
ADoPTED SEPTEMBER 5, 2000 PAGE 120-1
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Comparison Chart
Stormwater Management Programs
Durham County, BrunswickCounty, Wake County, New Hanover New Hanover
County, NC County, NC
NC NC NC CUrrent Proposed
Review Fee $ 150 200 400 0 200
Land Disturbino. Fee ($ per Acre) 425 400 403 10 -100 400
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 8 Estimated Time: Page Number:
Department: Legal Presenter: Kemp Burpeau
Contacts: Dave Weaver, Assistant County Manager and Kemp Burpeau, Deputy County Attorney
SUBJECT:
Approval of Bylaws for the Water & Sewer Consolidation Advisory Committee
BRIEF SUMMARY:
The Water and Sewer Consolidation Advisory Committee has been appointed and is commencing its duties. The proposed
bylaws will help the committee implement its mission and provide organizational structure. On October 26, 2006, the
Committee approved the bylaws which are now being presented for City and County approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve bylaws.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
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Ad. Comm. B }'Iaws 1 0.26.06. pdf
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the bylaws of the Water & Sewer Advisory Committee 5-0.
BY-LAWS
WATER SEWER ADVISORY COMMITTEE
Article I
Name
The name of this committee is the Water Sewer Advisory Committee (Advisory Committee).
Article II
Purpose
The purpose of the Advisory Committee is to guide the consolidation of the City of Wilmington
and New Hanover County water and sewer systems and creation of an operating Wilmington
New Hanover County Water and Sewer Authority (Authority). The Advisory Committee shall t
automatically dissolve and cease to exist when the City and County appoint its members to the
Authority. I
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Article III I
Membership !
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3.1 Number and ADDointment. The Advisory Committee shall consist of seven (7) members I
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who shall not be elected officials. The City Council of the City of Wilmington (City) and Board I
of Commissioners of New Hanover County (County) shall appoint to the Advisory Committee !
the number of members set forth opposite its names below:
City 3
County 3 I
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The seventh member shall be appointed jointly by the other members of the Committee. The !
initial appointment of the seventh member shall be made at the organizational meeting of the I
Advisory Committee.
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Term. The members appointed to the Advisory Committee by the City and County shall !
3.2 I
serve a term of 3 years. A member shall serve until reappointed or replaced by the City and/or !
County. Vacancies due to death, resignation or removal will be filled by appointment. A I
member may resign at anytime by delivering written notice to the Chairperson with a copy to the !
City Manager and County Manager. !
Duties. The Advisory Committee shall generally work for and in support of the success of I
3.3 I
the City and County water and sewer consolidation and the creation of the Authority. The I
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Advisory Committee shall report to the City Manager and County Manager and shall advise the !
City and County on matters affecting water and sewer and the creation of the Authority. The I
Advisory Committee shall make recommendations regarding water and sewer services and I
operations and their consolidation and the creation of the Authority.
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3.4 Conflict of Interest. No Advisory Committee member shall participate in the hearing, I
consideration or determination of any mater in which he or she has a conflict of interest
("conflict"). A conflict exists when an Advisory Committee member engages in any business or I
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transaction or h~s a financial or other personal interest, director or indirect, that is incompatible i
with the proper discharge of his or her official duties or would tend to impair his or her I
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independence of judgment and action in the performance of his or her official duties. A conflict I
exists when any Advisory Committee member: I
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(a) Has a financial interest as owner, member, partner, officer, employer, stockholder of or
other participant in a private business or professional enterprise that will be affected by the I
outcome of any matter under consideration before him or her in his or her capacity as an I
Advisory Committee Member. I
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(b) Has such interest in any matter which may be adverse to the public interest and the I
proper performance of his or her duties as a member of the Advisory Committee. !
(c) Has an interest in speculative or investment activities that will benefit from use of I
confidential information obtained as a member of the Advisory Committee. r
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(d) Utilizes city-owned or county-owned property, either real or personal, in any business I
venture or enterprise that results in private gain, monetary or otherwise, to such Advisory
Committee member. I
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Personal as distinguished from financial interest includes an interest arising from blood or I
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marriage relationship, by consanguinity or affinity within and including the third degree. I
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3.5 Confidential Information. No member of the Advisory Committee shall use or disclose I
confidential information concerning the property, government or affairs of the City or County for !
the purpose of advancing the fmancial or other private interest of himself or herself or others. I
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3.6 Acceptin2 mts. favors. No member of the Advisory Committee shall accept valuable I
gifts, favor or anything of value, whether in the form of service, loan, material thing or promise, I
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from any person who to his or her knowl~dge is interested directly or indirectly in any manner I
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whatsoever in business dealings with the City, County or future Water Sewer Authority member I
of the Advisory Committee accept any gifts, favor or thing of value that may tend to influence
him or her in the discharge of his or her duties or tend to influence him or her in granting any I
improper service, favor or thing of value. If it is impossible or inappropriate to refuse a gift, then
it shall be turned over to any appropriate public or charitable institution. The laws of North I
Carolina and the United States, however, shall govern campaign contributions. !
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3.7 Appearance and intervention in behalf of others. No member of the Advisory I
Committee shall appear before the City Council and County Commission or any board, I
commission, department or agency of the City or County in behalf of private interests in any r
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. mater which will be in conflict with his or her duties as a member of the Advisory Committee. I
Any such person may appear before the City and County agencies in the course of the I
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performance of civic obligations whenever no retainer, compensation or gifts shall be accepted in
connection with such representation. Members of the Advisory Committee shall not seek to i
influence a decision, participate in any action or cast a vote involving any matter which is likely j
to result in a personal and/or fmancial gain. I
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3.8 In applying the provisions set forth in subsection 3.4 through 3.7 hereinabove, the I
following procedures shall govern: I
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(a) An Advisory Committee member who determines there is a conflict shall declare to the I
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Advisory Committee the existence of a conflict, and shall excuse himselflherself from the I
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hearing, consideration or determination of said matter by the Advisory Committee. I
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(b) An Advisory Committee member who believes that a conflict may exist on his/her part 1
or the part of another member of the Advisory Committee shall declare the possible
conflict, and ask for a determination by the Advisory Committee. A majority of the ,
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Advisory Committee shall determine whether or not a conflict exists. If a member who has I
a conflict will not voluntarily excuse himself/herself, a majority vote of the Advisory I
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Committee shall make the determination as to whether the member will be excused. I
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Article IV I
Officers I
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4.1 Election. Officers shall consist of a Chairperson, Vice Chairperson and Secretary who 1
shall be elected by the members of the Advisory Committee at an annual meeting for one-year I
terms. Officers may be elected for two consecutive full terms. Elections shall be held at the first
meeting of the Advisory Committee and at each annual meeting thereafter. Members shall be I
notified by the Secretary in writing ofthe proposed election of officers at least seven (7) days I:
prior to the annual meeting. I
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4.2 Chairperson. The Chairperson shall preside at all meetings and rule on all points of order I
and procedure in accordance with the latest edition of Robert's Rules of Order Revised. !
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4.3 Vice Chairperson. The Vice Chairperson shall serve as Chairperson in the absence ofthe I
Chairperson and, at such time, shall have the same powers and duties as the Chairperson. !
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4.4 Secretarv. The Secretary shall keep all records, minutes and correspondence of the I
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Advisory Committee and generally supervise the clerical work of the Advisory Committee. !
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Article V I
Meetings I
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5.1 Re2Ular Meetinl!s. I
(a) Advisory Committee meetings will he held on the first Thursday of each month at eight I
o'clocka. m.
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(b) Advisory Committee meetings will be held in accordance with North Carolina General
Statutes Section 143-318.12 (public notice of official meetings).
(c) Under special circumstances, meeting dates and times may be changed with the
approval of the Advisory Committee.
5.2 Special Meetine:s. Special meetings may be called at any time by the Chairperson or Vice
Chairperson. At least forty-eight (48) hours notice of the time, place and purpose of special
meetings shall be given by the Secretary at the Chairperson's or Vice Chairperson's direction, or
by the Chairperson or Vice Chairperson, to each member of the Advisory Committee, provided
that this notice may be waived by written waiver executed by a majority of the members of the
Advisory Committee.
5.3 Cancellation of Meetine:s. Whenever there is no business to be presented for consideration
by the Advisory Committee, the Chairperson in his/her discretion may dispense with a regular
meeting by giving notice to all members twenty-four (24) hours prior to the time set for the
regular meeting. If a quorum does not exist fifteen (15) minutes after the meeting is scheduled,
the meeting will be cancelled.
5.4 Quorum. A majority of filled Advisory Committee member appointments shall constitute
a quorum. A concurrence of at least a majority of those members present shall be required before
any recommendation is made on any matter considered by the Advisory Committee. Alternates
may assume the role of a member with approval of members present, but with no voting rights. If
a quorum is otherwise present, written votes signed by a member may be accepted from
members not in attendance by proxy.
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5.5 Meetine: Attendance. Prompt and faithful attendance at all meetings of the Advisory I
Committee and conscientious performance ofthe duties required of members shall be imperative I
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to continuing membership on the Advisory Committee. Members missing three (3) meetings I
during any calendar year with unexcused absences shall be excused from further service. I
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5.6 Conduct of Meetinlo!. All meetings shall be open to the public. The order of business at i
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regular meetings shall be:
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(a) Determination of a quorum 1
(b) Approval of minutes I
(c) New business
(d) Chairman's report I
(e) Authority's report I-
(t) Old business ,
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(g) Adjournment i
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The parliamentary authority for the Advisory Committee will be the latest edition of Robert's I
Rules of Order Revised. I
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Article VI.
Amendments
Amendments may be adopted by majority vote of a quorum of Advisory Committee members
and submitted to the City and County for approval.
We hereby certify that the foregoing constitute the Btaws of the Advisory Committee, as
approved and adopted on the 2' Ii.. day of Oc.i u.... , 20 ~
ATTEST:
~~~&- ~~
Chairperson Secretary .
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Regular Item #: 9 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following boards and committees:
Plumbing Board of Examiners
Watershed Management Advisory Board
Zoning Board of Adjustment
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information Sheets and Applications
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
The following appointments were made:
Plumbing Board of Examiners: Randall J.Siegel was appointed in the Journeyman Plumber category, Michael Burdette
was reappointed in the Master Plumber category
Watershed Management Advisory Board: Charles Lawrence Sneeden, Jr. was appointed
Zoning Board of Adjustment: Michael S. Jones was reappointed
This page intentionally left blank.
COMMITTEE APPOINTMENTS
PLUMBING BOARD OF EXAMINERS
2 VACANCIES: - 1 JOURNEYMAN PLUMBER & 1 MASTER PLUMBER
ELIGIBLE FOR
APPLICANT: REAPPOINTMENT
Randall J. Siegel- Journeyman Plumber
Michael Burdette - Master Plumber X
Attachments: Committee Information Sheets
Application
PLUMBING BOARD OF EXAMINERS
Number of Members: 3
2 Master Plumbers and I Journeyman Plumber
Ex-Officio: New Hanover County Plumbing Inspector
Term of Office: Three years
Qualifications: Ajourneyman plumber is a person skilled or trained in the installation ofa plumbing
system in commercial or residential properties; and shall have in his possession a valid license issued
by the Board of Plumbing Examiners ofNew Hanover County, or a valid license from another county
in North Carolina.
Compensation: None
Regular Meetings: N/ A
Statute or cause creating Board: N. C. General Statutes 14-4 and an Ordinance requiring Plumbing
Installations to be made by Journeyman Plumbers and governing the licensing of Journeyman
Plumbers in New Hanover County, dated October 20, 1975, amended May 17, 1976.
Brief on Functions: To administer tests and issue license to qualified plumbers.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Michael Burdette, Master Plum~ First 12/1/2006
~ 223 Oakleaf Drive
Wilmington, NC 28403 M--~ 11/17/03
790-5267 (H) 392-6972 (W) ·
Tim Fuller, Journeyman P 12/1/2006
-X- clo Biltmark Builde
P.O. Box 12 11/27/00, 11/17/03
Wilmin n, NC 28402
45 900 (H) 251-5030 (W)
Ernest C. Skipper, Master Plumber First 12/1/2007
P.O. Box 15015
1609 Sunrise Lane 12/20/04
Wilmington, NC 28408
395-1410 (HIW)
Ex-officio: William Eubanks, Chief Plumbing 12/04
Inspector File: IPlumbex
230 Marketplace Drive, Suite 110 B/C #25
798-7206
NEW HAND VER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street RODm 305 COMMITTEE APPLlCA TlO
Wilmingtoo, NC 28401-4093
TelephDne rE1D) 341-7149
FAX (910) 341-4130 ?J bet-rJ 6t-
Board/Committee:
Name: Q/1clt II ~ S ,E6C I
Home ~ YY\A. ~k. CA.-/~ Y' , v.e..... Zt,~
Address: 477 geT." A.L"l. J /'v~ WI ( m 1,,( 6 ';:c..-../
l,str.tJet) /City) f!iffjp Cods)
Mailin,g Address if different:
t:itvJ (!iffjp Cods)
HDme Phone: 'f(tJ . 3/~ & r:u- O!J~ Business Phone: '9/0. ~S2.. -(,7'--",
......--
Years livin..g in I~ e Ail 01 S II"tN 3'1
New Hanover County: Male: --2L- Female: _ Race: Age:
c::; (Jnforma#QnlQr the pUrpQS8 of ~ssui:iT!!}.B ,cross.S8c[jQn of the ,community)
EmplDyer: ''jrJ(~l-vPfi. fJ/vl11/-:>OVt;,.. IN c...
(A person curren#y -empfm(BCiby thetl!}ency Df department/of which1:his 'l!Pplica#oois-made, must rJJSi!}nhis/hsf position with
Nsw#anDvef County #pon ,f;PPQintmel/t, in ,accordance with Article VI, Sec. 4 of the New H.BI/PtlSf .County Psr_nnel PDlicv,)
Job Title: PrE S, \)G ,Ji
Professiona! Activities: P/u IA4 6'J CQ 11 fr4.C- /..cr . 0 OLl. T 1'\ ~ ~n
Volunteer Acr;vities: CCU4ti'::5 / CtMc4 r~~4cJ A-c/wJ'<l
/
Why da y.ou wish.ta serve on thisboardlcommittee? C 1;( i1A<-C i-o t-4..c...
.
COJ.jlf
Conflict ofint",.st: If abosrd,member helBhe,has a conflict DrpotenfiarconflicHJf Imf'Jr..st Dn" parocularissue, thatmembershouldstBt.. this befief to the
o,ther member.. ",r hi$/her'f'Jspectf"eib,oard.duri'!9 a public .meefin,g. The member should state .the "f,swr.""Jf the"confl{ct, d_ilil),g that hW$he ha$ a separat", private or
monetar.y in-telertreither. dir.ec,r,-or .indir.e_ct" in ,the issue u/JdfJr. cDnsideration. T-he, member should then excu:;e .himselUherse1f tl.om 'voting on .the metter.
What areas ofooncern wDuld 'YOIJ like tD see .addressed by this cDmmittee? Qu - r "''-J of-
-
'PI" h1 h , Y J... , ill C. ~ .t'. ~ r~
I~,/L(', Acll// oR /1 .
Qualifications far seWing: p~rC"rl-/J q u~/'lJ
p1c/rl'1 61'~ )
I J N/"
Other municipal Dr count,y bDards/committees on which YDU are serving:
Three ioca! personal references and phone numbers:
, /25'"
1. \0 t.. '')".A- HcdjIt'J"" A,) 'Z -.5(, c..(~97 ~"2oq
I
2. ~~ ~::~ C:,rz. <;( (c,,(..
3. 520' QIJO
"
Date: //' /'1' 0 Y Signature ~
APP~C1Jtiom; BrB kept on file lOT 18 months
1B/29/2083 04:27 918-392-6347 MICHAELS PLUMBING PAGE 81
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
320 t:hHIlIuf St.-oI,. &cowl 3~ COMMI7TEE APPUCA TlON
WiIm/ngllon, NC 2'flJ1-4DS3
T~ f!lID) :U'..7148
MX ,,'D) 341-41BD 0.(. .()(AM;~~{~ (ff1c..!;'kr:P/1ll lI1~r )
--:- (~:~Q<Cc,L -
"lime: T1i I t ,h C>L fr.
:== ~:; f)~kh..+ be Nnm. ,-81./D "3
(BtIMt) (t:IttJ lZ/il c;..J.J
MIIIIin; A rIdII= If d1ffeIMt:
(ar:,) (Z1p c.t>>) \
IItJtM Phone: 716 -S,,:} ~ t Bu6inua~: ~ 1 ~ ~ tAl:21 L-jc..('!, 4Se"3 ..J
YNn IMng in
,"W Hfl/lfJVIt' Col/1lry: 2. 2.. M_: /' FemIiM: _ R-.: ~ k It k A,.! 4. ~
n1 'c...h. ( 1'1 (~""""''''~''''--''''___A''U'tIM---.Jl'f)
Emp/Dyw: I l>..l. oS L.V WI. ~
fA _ DIIINIIlIy~ b.,,.........,,,., t ,.,. wMb IIW.,.,...,...... _ ..... ltWb.r,."._ wIrh
NIl"" H.M_ tHtIty IIfIM ~ .,............ wllit Ani* \It &.c. ,. ., II>> N_ N.J.... Cotmly ,..,..". ,."...,..)
JDIJ 7itll: FJw tVL"
P/DfH6iDM/ Aerlv/Iiu: ~ i ~ ~
VDluntlef A~vilifllt:
Why do )'CIu wish hl MrIIe rm th/$ bollldll:lnMlitlae? -::r:I- ltI.ll'llA Id h, ~ ~"'(f) ~ II'"
_-,_or. If. _.......__ ................or,.._lIloI_o'_.....'**"""~, .....---"*'-..--......
.__.,___._.....,.~IIo__. Tho.......,.__IM_..'tho_~~lDot__._.....,,.,-<<
_____ __.,..~ ......_,,___lio.. Tho _r__ __"""-1/'_ varJn, "" tIro mafftr.
m.t _, of ClHIC8I7I WQuId fDU fke ~ .. IItitIrHSIId by Iii. t:tJmm/ttH? ..J1 0 + ~ Ii\. ('!..
au.IlliCllliDIlS for..",;"g: -:c +\... 1 ~ ~ "T" 1."..H:"A, I J... J~..L W d l ~,,^i~d .(0"";1 \
Other I'IIUniciJ>>! II/' county bollftislr:ommitlees 1m whicIJ you ",. .-rvIng: Ai ~N. e
TbrN IDe'" pertI:DIJIII ""-=u.w phDne numbers:
f. -A 1 { d IZ- J 1.J.~J-mcvJ 1q 1- ;)50 </
2- 'E J. 'Ale.. r1 O-.N <.Llt~ V 3~J-"3335
3. Lc....v..1" Ie. -r; \At:.. " 10 ~~G.. '" ~ ll..fj..~
/)61.: I ~~ $ ~SPlature F@-~
At< tho.~ ".,. _ ". for 18 "...,,_
u.,._ .uIoIIJT"rNldo..J_
._,~~- .-.-----.--- . .- .._- ._ _'n_._ __.. - . _ _..._. .ono.., __..______._.,. _.
._-~ .------....
.--.-
COMMITTEE APPOINTMENTS
WATERSHED MANAGEMENT ADVISORY BOARD
1 Vacancy
APPLICANTS:
Carol Bower Johnson
Tim Kendall
William H. Roy, Jr.
Charles Lawrence Sneeden, Jr.
Attachments: Board Information
Applications
WATERSHED MANAGEMENT ADVISORY BOARD
Number of Members: 12; 4 members appointed by the County Commissioners, 4 appointed by
Wilmington City Council, a Soil and Water Conservation District member, a Clean Water Management Trust
Fund Board member, a County Commissioner, and a Wilmington City Council member.
Brief on the Functions: The Watershed Management Advisory Board will formulate, prioritize and
recommend water quality enhancement projects, as well as monitor their progress. Projects may include
acquisition of conservation easements and riparian buffer areas; development of watershed/stormwater
management plans; public education and out reach programs; and to coordinate water quality monitoring.
The Advisory Board will determine priorities for implementation based upon the specific objectives and
defmed needs of each watershed, as provided by on-going research and monitoring by UNCW, and make
recommendations to the Board of County Commissioners.
TERM
PRESENTLY TERM
CURRENT MEMBERS SERVING EXPIRES
Carlton Fisher First 2/28/07
1608 Market Street
Wilmington, NC 28401 Appt. 2/21/05
343-1941 (H) 763-5411 (0)
John R. Jefferies First 2/28/07
1701 Futch Creek Road
Wilmington, NC 28411 Appt. 2/21/05
686-0922 (H) 256-6633(W)
Brenda G. McDonald First 2/28/08
122 Ridgeway Drive
Wilmington, NC 28409 Appt. 2/21/05
392-4294 (H) 392-9222 (W)
Marian T. McPhaul First 2/28/08
913 Rolling Hills Cove
Wilmington, NC 28409 Appt. 2/21/05
791-1856 (H) 962-2354 (W)
Vice-Chairman William A. Caster Appt. 12/04
452-1282 (H) 341-7149 (W)
Chris O'Keefe, Staff Support File: /Watershed
County Planning Department
230 Marketplace Drive 2/05
798-7165
1!1l(3S
New Hanover County 'l~IG,LLj\ C~'s
~~ '. Co,.,.,l -.JoL.>AJ~
Board of Commissioners COMMITTEE APPLlCATJON ~'-~ ~ '\.S-,l LT<,,,)0 ~~JJ
32U Chesmu' Street, Room 3U5
Wilmington. NC 2840J-4U93 ~t>Z>...c.l-. .
Telephone (9111) 341-7149
FAX (910) 34]-4]30 Vi ~~
Board/Committee: CREEK ADVISORY BOARD - NEW HANOVER COUNTY
Name: CAROL BOWER JOHNSON
Home
Address: 1009 CREEKSIDE ~, WILMINGTON, NC 28411 - 7656
(S.reet) (City) (Zip Cftt1t HANOVER CO
Mailing Address if different: N/A uD Of COMMISSIONERS
Home Phone: (910) 681-1161 BusinessJWork Phone: N/A
Years Living in 5 MO Male: _ Female: L Race: Caucasian Age: 63 yr
New Hanover County: 1 YR,
(lnformationfor the purpose of assuring II ~r05S sectiollDf tbe community)
Employer: retired
(A penon currently e-mpl-o)'ed b)' toe ageD'C~' or department for which tbis application is m:ade" must resign his/her positioD. ll.itb Ne~' Hanover Count)'
UpUlI appointrnent)in accorGsnee w.ith Article VI. Section 4 of the N~w Hanover C.ounty P-ersoDneJ P.oJiC}'~)
Job Title:
Professional Activities: (see attached resume - past employment history summary)
;NC.Coastal Land Trust.
Wh d . ht th' b dJ 'tt? Life time onment, especiaJ.ly
y 0 you WIS 0 serve on IS oar comlDl ee,
watershed issues. Live on Futch Creek. Former Boston home in watershed Concord River.
ConfJicr fJf Interest If a board member believes he J sha lias a canfliel or potential confUct of Interest on aperticular issue, that member ShDUld state this belief to the other
members of his 1 herr6spectivB board during a public meeting. The m.embar should state the natuTfI 01 the conflict, detailing 'hat hil/she has e S6p.8rBle, private or monetary
interest, s1ther direct:or indirect, in the issue under c0l1siders1i!m. The member should then excuse himseff J herself from voting on the matter. ,
What areas of concern would you like to ~ee addressed by this committee? 1. Tidal Creek storm water run-off
issues.2.Impervious surface dv1mt. policies ,3 ,Highlighted education Tidal Crk Watershed.
Q I'n f f . Career in advocacy organization at sutwide level, Past non-profit
ua I ca Jons or servmg:
Board Member 4 orgs (skills in collaboration conflicting interests) ,Live on tidal creek.
. , , \. None in Wilmington. Past Town of
Other mUUlclpal or county boards/committees on which you are serving:
Wayland MA Beautification Comm,ittee and Chair of Keep Wayland Tidy Comm,ittee,
List three local personal references and phone numbers:
1. Jim Souders, Co-Chair Cape Fear River Watch. 233 Racine Dr. #38 h - 350-0605
2. Ann Griffith, Envirohment Activist (CrnW, et al). - 8605 Bald Eagle Lane h - 686-7481
3,Mi.chael Pope, Chair Cape Fear Sierra Club - 149 Chadwick Rd h - 763-6929
t ... J~"Y 10. 2005 S' tu.
a . Igna reo
~.~=~:;,U~~'='::"w l-.,ll~ ;r.~~ ~;*'
. ~\ Co.l;~ ~ 1,'iI~^d ""~ O(~ 50&- '3S~- 31.:>'0
~_ I . t ~ \I$";-\t~(" fJ \,,)~\(\.,d. v.,. 4. .'-\$
""M ....., '-_'
Carol Bower Johnson
1009 Creekside Lane
Wilmington, NC 28411
(h) 910-681-1161
ciohnson64((])ec.rr .com
RESUME
VOLUNTEER EXPERIENCE
KEEP WAYLAND TIDY CAMPAIGN, Town of Wayland, MA Chair 2001-8/03
BEAUTIFICATION COMMITTEE Town of Wayland, MA, Secretary 2000 - 8/03
GOVERNOR'S ADVISORY BOARD ON HOMELESSNESS 1984-85
MASSACHUSETTS COALITION FOR THE HOMELESS, Director 1980 - 8/85
One of founders and first Executive Director of statewide Advocacy Organization
addressing issues of disenfranchised homeless populations.
TRAVELER'S AIDE SOCIETY OF GREATER BOSTON, Board of Directors, 1986-1991.
SOCIAL ACTION MINISTRIES OF GREATER BOSTON, Board of Directors, 1986-1991.
OPEN DOOR INC., Boston, MA, Board of Directors 1981 -1984
HONORS
Town of Wayland Citation for Outstanding Citizen Service 2003
U.S. Health and Human Services Northeast Human Services Award 1984
Governor Michael Dukakis Outstanding Service Award 1985
Boston Ethical Society Outstanding Person of the Year Award 1983
PROFESSIONAL EXPERIENCE
MASSACHUSETTS DEPARTMENT OF MENTAL HEALTH 1985-1990
Statewide Director of Homeless Services, appointed by governor.
DIRECTOR, PARKER STREET SHELTER, Dept. Mental Health, Boston 1980-81
Nation's first shelter treatment program for the mentally ill homeless.
CHIEF MENTAL HEALTH COORDINATOR, WestRosPark Mental Health Ctr. 1975-80
NURSING SUPERVISOR, Mass. Mental Health Ctr. 1971-72
HEAD NURSE, Mass. Mental Health Ctr. 1968-1970
PSYCHIATRIC STAFF NURSE, Massachusetts General Hospital 1967-68
PSYCHIATRIC STAFF NURSE, McLean Hospital, Belmont, MA 1965-66
PART TIME: Emerson Hospital Home Care - Psych Nurse 1999 - 2002.
Medford Home Care - Psych Nurse 1997-98
Waltham Home Care - Psych Nurse 1995-96
Cambridge and Somerville Residential Programs, Psych Nurse 1994-95
Choate Respite Ctr. Charge Nurse, 1991-93
Wakefield Hospital Psych Unit, Charge Nurse 1991-93
f \)\llf[\" \'t --c~ ~-i\~
~~\~ \\'J\,';,1 s:~-t -1 ~ I?-N:) \ct~{"" ~ \
b~ ~\.>Z"";''1 w~. ('1"\,4- \q1l.l~
. ) ~.- !S",;;,o\.~\
Page 1 of2
Carol B. Johnson
From: "Carol B. Johnson" <cjohnson64@ec.rr.com>
To: "TIDAL CREEKS ChrisO'Keefe" <cokeefe@nhcgov.com>
Sent: Sunday, January 09, 2005 11:47 PM
Subject: Application Creek Advisory Board
Mr. Chris 0' Keefe, Senior Planner
New Hanover County Planning Office
Dear Mr. O'Keefe,
It was good to meet you again last Friday when I came over to the Planning Office for
the Tidal Creeks Advisory Board meeting - which, of course, I did learn would be meeting
at some date in the future, and not that day! The Cape Fear River Watch Board's
Advocacy Committee, which met over the weekend, encouraged me to seek application for
one of the County openings on the board - if, indeed, there are openings and it is
appropriate for one to seek appointment to the new Advisory Board. If not, please
advise.
This Tuesday, January 11, I will drop off a letter of interest and resume, to Mr. Hayes
office which summarize my experience on four boards of directors (in Boston),
directorship of a statewide advocacy organization, and some twenty five years
experience in management positions in my nursing career. I think those skills would be a
positive factor for an advisory board member who would need to be able to function in a
cooperative and competent manner when working with different factors and interests
that effect creek watershed issues.
My husband and I share a life long interest in the environment, especially the coastal
environment, as we own an NC Outer Banks home in Emerald Isle, and now live on Futch
Creek here in Wilmington. We are long time Sierra Club members, as well as were
active members of the Concord River Association when we lived in Wayland, MA for the
last 35 years.
Thank you for letting me know if there is an opening for which I may apply as an individual
and/or Cape Fear River Watch Board Member. Having been an appointed official in
statewide government for five years I am very aware that there are usually certain
forms one must fill out, rather than simply letters of interest one may write - therefqre,
please do forward this note to the appropriate persons who could advise me of
appropriate next steps.
We do have a FAX if time is of the essence.
1/1 0/2005
Page 2 of2
I certainly hope there is a possibility of serving on the tidal creek advisory
board, reformed in its new structure. At the least I would like to regularly attend its
public meetings ...as I had hoped to do last week! Thanks for letting me know best
direction.
Sincerely, Carol Bower Johnson, 1009 Creekside Lane, Wilmington, NC 28411
(h) 681-1161 c;jQhnson64@e.c.rr.cQrn FAX 910-686-6711
1/10/2005
02/07/2005 04:09 9107955505 TIMKENDALL PAGE 01/02
New ibnov.er County
Board. of Commissionen COMMITTEE APPUCA,TION
3'-0 C.h.ou..", SIrMr. a....... aQ5
"illmlJ1t"'lI,.NC 2~401-4C"
TeI.phooe: OlIO) ?'S.714'
Fa:!: 798.7145
BoardfCollUDl.ttee: Wlterl!lhec1 Manaqement Advisory Board.
Name: Tim Kendall
Home
Address: 2418 ahan crt, W1.lmington 28411
(Stroet) (C\tJ') (Zip c...)
MaiIDg Address If dU'I'erent:
Uome Phone: 796-6606 BUslnessIWork Phme:
Years UvtDl!: lu "
NewHllDover County: 7 years Male: ...:!...." Female:_ Race: White Age: 61
(lal.ra atl... ror lite pUP'" or e_lag a c.... ..etlOll a Ill. ...........i'7)
Employer: CW:::renUy unemployed
(A ,..... Cllrr..tb- _,lo,.e. by Ihe ae....,. or ..,11I'...... rtr1rlli,1r doi. UP Ii,...... is ....., ..on unpl Ioio/ll.- ,.ria01\'Irid\ ~.... JlIIIl.,.,.,. en,..y
"'OIl ...,..............iII. ..........wid>. Auicl. v:I, Socti.... of tho N....ll......r C ....'7 ,....1lIla) 1'.110)'.)
Job Title:
Protesslmal AcUvll1es:
Vollllteer Actlvltles: Cape Fear RiverWatch, Alamosa HOA
Wily do you W1sb to serve III tblsllOarG/com.mlttee? To preserve and protect water qua.1i.ty in Hew Hanover
CQUQty
COli met D'IIracre.t "6 boera mef71tHtr Delleves he l.sh9I1a~ a contUc: or potenthil contl/eror InterN( on e ~rlfC'uI8r IBrUiJ thst memtler ~ho~Jd trt~ me DeUerlo me oIlier
,""100",.0/11I.1 ne.-re,p!I!I11Ve 00lIrt! "Ul'lnR 0 (IUDI/o ",,,,,'lnR. 1'ne m"""er '!IOu/" sla'e 1/10 ""lure otl"e '0"""', (JI$lsmng IMI MI.ne nlS a separale, prAlale o,..o"e/ary
mtersSf, fl!lrK;r t.fl1ect or mmrec~, In me IflUE: unaer eonstC1ereUon. Tile m sneer shOJJJa lnen excuse fHms el1'l nerrelT nom vOlmc on rne mefler,
What areas of concern would you like to see addressed by this commlttee? Flooding in the county, ol$an ".te%:
ill streall\S and ponds, NPDES pe:cuits, Greenfield Lake, any water quality issues
_.~.....
Q d'ln u to --0 D8gTeeS in Enqlij;h, technical. wr1.ting,and Bnvironmental Sc.1enoe
u... ell ODS r s~ .,:ng:
Tedlmology
Otb.er municipal ... could:Y boards/committees CII1 wblc:h yvu are senolng:
Ust three local personal references and phcm.e numbers:
1. Bouty Baldridge 341-5104
2, Dabb~e Spann 791-9113
3. Gary Ho~s 798-1399
D.te: /e/"~-;./(JT~ SIgnature: .~~/
Allar tiaasdk..tDI\ filArCU' 111 InD1l.thl: 'h"!..~f'1"'" Ji'~ror .d4itioa.a1t-o.__ts
OCT-31-2006(TUE) 12:52 THE DUNLEA GROUP (FAX)910 655 9416 P.001/001
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
:1~n C~"".'SI""1. Iloo'" 3US
Wi IDliIlBIaIl. NC 2840 J _4n9~
Tel.phono; (qID) 798.71~9
I'.,,: 79~-71~~
Board/CommitWc: Watershed Management Advisory Board
Nome: William H Roy Jr.
Home 28405
Address: 329 North C~dinal Drive Wilminqton, NC
(Sir..') (Cl'l') (Zip Cud.)
Mltilill& Address if different:
HOllie Phone: 910-470-7656 BlIsinc.:ss/Work l'hone: 910-362-4753
Years Livin!: in MOlle:"...! Female: _ Race: White Age: 54
New HaDDver Counly: 40+
(InfllrmMlhta rur la.1E l"I'tlOn O'.II"rlna: I ernu sltctl..n ...rtbt' cumolUni\y)
E I International Pa.per - RiQg'olwood Mill
mIl oyer:
(A prl"1UII curren rty c:mf'htyed by the .lfenC'T ut' d.t:,ltrttntIU 1", whle), rhi. u'lpliculiull ili It..dr. ~uu.r rnl&:,tl "lather po....hi..n widl New Jh...."t!:T CUI"":;
up'" IlIrrflifttment. in Voce.,..d.." "Uh AI"lcte VI, Sltel'oa 4 of the N I!W Il.H~nr eU.lnt)' Ptr,.."nrl PoUIl:iY~)
Job Tille: Analytical 0; Environmental Operations Supervisor
Professlonnl Activities: Chairman - ONCW-Lower Cape Fear River Pro9'ram
Volunteer Activities: UNCW-Lower Cape Fear River program Total Maximum Daily Loa~ (TMDL) Adviso
Wb II . I t tb' b III 'u" Economic dovelopement and growth is dependent on a
y I/]lUIl Wt$ I 0 serve on IS Ollr comr!'.. ec.
healthy river. I want decisions made on sound science.
Confllcr orl"..,.,t , iI DO;J:,C1 ",amber tJ~/je""e be' / 'he hi' 8 cDnflu;:r or pDlCn,ml con"/ct of intet.el 0'1 a partle",'.r 1:iIU'-, ,,,:,t mamaar should =tlll" Ihilt b"Jie('g 011" C1tnfr
"'8m".,", El' ~Is I "Df fupecti"" uo.nJ (JufJn" 8 pUOlle m..t1nD, 1,." ",ember should .shUtt IDe ".fur. ~,rn. =anrIJr::t, aatDlUnp th., he/5he 1111' II ,..plu,'e, PrtVI" or monof:!fY
ltUGre-sl, "irtn, dirett of indIrect, 'n If.. "''If! IIn"OrcoruIDI"'lIf;on. Tile mwlllDer ."ould' ",," 4Hl'ClJJ'C' tJJmsalf I brnlllralfl ..ullnt: 011 "It mi 'Ier,
Whllt Br&\DS of concern would you like to see addressed by lllis comllllttee'! 1) Keeping the Cape Fear River
healthy, 2) Involvement in the TMDL process, 2) Environmentally sound developemant
. , Degree from ONC-P 31 YQars of onvironmontal oxporionco with top
Qu~hlielltlons for servlDl!: '
tier cQmpany, in particular doaling with CFa water quality.
......-
. None
Olher municipal Dr county boards/committees on whleh you arc 5Cn'IlII::
List three loelt! personal references Ilnd pbooe numbcn;:
1. Or. James Merritt 910-96.2-2359
1. Wallace Coverdale 910-36.2-4590
--
3. Tim Corey 910-362-3359
Date: October 31, 2006 Sil:nllture: 0/{ p. t
AI)"Uc-aUona arc ke]J1 on JHe fur HI.nu nUu Uu rn ru _hIe fur ..lldltloIlA) CtHnmcl".
113/139/20136 13:23 9103136823 ESP ASSOCIATES PAGE 02
New Hanover County
Board of Commissioners COMMITTEE APPLICA nON
no Cho.lnut Stree., Room 305
Wil'";"R'~".NC 28401-4093
Tele~"one: (9IG) 798-7149
Fn: 'I9S-' 14S
Board/Committee: Watershed Managalent Advisory Board
Name: Charles Lawrence Sneeden, Jr. PE (Larry)
Home
Address: 6217 Head. Road Wilmington, NC 28409
(St,eot) (C.ty) (ZI" Code)
Mailing Address if dJfferent: Same
Home Phone: 910-799-9822 BusinessfWork Phone: 910-313-6649
Years Living in Male: "I Female: _ Raee: Whi t.e
New Hanover County: SO Age: 50
(11l'..~rn ati.... fo, Ille IIlIrp"o 0' a...riIl2 . .~o~. ..etlon 0' tbe .0IlllllU" it))
E I ESP Associates, PA
mpoyer:
(A p...... e. ..ently employed hy tile .~e"cy or department 'or whieh tM. appll.atlon 10 m"'e, ""..t r..i~n hl./h.~ posItion witb Ne.. 11."..... COllnty
.,.n .ppollltmelll, ill ."".,rI.ne. wltb A~r1de VI, S...Ii.. 4 ..r th. No.. Ranooer C.IlIlIy Penonnol Policy.)
r b T'tl . Wilmington Office Manager
.0 ..I e.
ProfessionalActlvitie...: Member Ame.rican Soci.ety of Civil Engineers
Volunteer Activities: Wil1lling'ton Kiwanis Club, Soard President-Brigade Boys & Girls Club
Why dn . h t thO b d/ .tt" 1'0 help set policy for stor:mwat.er management issues
yoo WlS 0 serve 011 .15 oar c:omml ee.
in this CODlIlIWli ty
CDIt"Ie' or In'eren ,. b.el'tt "'.",ber believe! h. I .he ho. . "onrN.t or pOleMlIl1 to,,"iet.f Inlo"'" on a per/IeUlo, COUO. !h.' m.mbo, .lIould stal& rhle bellerro III. .Ihor
members or hi. III.r m:p..IIv& boa,6 t1Ufin9 "publl. meel/lt$l' Th. .....b.' ,,".uld "ole lh. neWff Ortllo eonm.r. derailing thet h9/ehe he. a ..p....,.. p,/v.l. or monetery
IntefOtl. alHrDr dIrect or IndlNcf, in thn I'SU€J undsrcon s'der""Dn. Th~ m 8mbe, ShOfl'~ tIIen tl"CU$~ hlmspJr I bsrserr rrom \lfJtJnp on Inn mDH'1r,
What area.s of COJlcern would you like to see addressed b)' this committee? Development of pract.ical strategies
for cleaning up shellfish waters, implementation of Phase 2 NPDES :regulations.
Qualifi ti ~ ent Registered Professional Engineer working in New Hanover County on
ca .ons or s ng:
stonnwater projects fox- 25 yea.rs.
Otber municipalOJ' county boardsfcornmittees on which YOll ltrc serving: None. FO%2ller member and chairman of
Wiladngton P~anning Commission
List three local personal references and phone numbers:
1. John Hatton, 792-95.22
2. Mike Stonestreet 256-3752
3. Burrows ami th 256-5772
Date: October 10, 2006 Signature: C'~
Appll'oti.ft. .rc ~ept on me! 'or lR ... lIt.h.
This page intentionally left blank.
COMMITTEE APPOINTMENTS
ZONING BOARD OF ADJUSTMENT
1 VACANCY
ELIGIBLE FOR
APPLICATIONS REAPPOINTMENT
Robert F. Cameron, Jr.
Michael S. Jones X
Olen "Frank" Roberts, Jr.
Irving L. Smith, Jr.
Attachments: Committee Information Sheets
Applications
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex-Officio: Planning Director
Term of Office: three years
Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the Assembly Room, County
Administration Building, 320 Chestnut Street.
Compensation: $20.00 per member per meeting plus auto mileage
Staiute or cause creating Board: N.C. General Statutes 153-A-345, 266.17. The Commissioners
increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to
be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were possible
for the legislative body to write a perfect zoning ordinance which would meet the needs of the
community while at the same time avoiding hardship in individual cases, there would be no need for
this board. Because that has been found near impossible, the Board of Adjustment has been
introduced as an integral part of almost every smoothly operating zoning enforcement mechanism,
serving as a "pop-off valve" to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories: Interpretation and
Granting Variances.
IntelJlretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of parts
of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations, and, if
necessary, (c) correcting any mistakes or abuses of discretion which the Building Inspector may
have made in administering the Ordinance. In exercising this power, the basic principle for the
Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret and
apply what the governing body has written, not to vary that legislative pronouncement to fit its own
ideas. Its decisions must be in accord with what the Board believes to be the actual meaning and
intent of the Ordinance.
Granting of V ariances: General Statute 153A-345( d) provides that, "when practical difficulties or
unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the Ordinance relating to the use ofland, so that the spirit of the Ordinance is observed, public safety
and welfare secured, and substantial justice done."
Basically, a variance is a permit, which the Board may grant in certain situations, enabling a property
owner to make use of his property in some way which is in conflict with the literal provisions of the
Ordinance. Sometimes a lot so small or so peculiarly shaped that the owner would have great
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT (CONTINUED)
difficulty in complying with the yard requirements and yet erecting a suitable building. Sometimes
contours of the terrain are such as to create hardships in complying with these requirements.
Sometimes the lot is located in a cluster of nonconforming uses which will prevent the owner from
securing any reasonable return from his land ifhe complies with the Ordinance (as where a lot in a
residential district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one
considers the importance of its decisions which expand or limit property values. These are issues
which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Brian C. Eckel First 12/1/2007
2302 Mimosa Place
Wilmington, NC 28403 Appt. 11/22/04
762-3439 (H) 332-4114 (W)
Myron Furman Second 12/1/2007
5004 Crown Point Lane
Wilmington, NC 28409 Appt. 11/19/01,
794-8483 (H)
Michael S. Jones ~ First 12/1/2006
* 4751 College Acres Drive ~.
Wilmington, NC 28403 11/17/03
793-9703 (H/W)
Michael V. Lee Second 12/1/2008
713 Rawles Court
Wilmington, NC 28412-7179 Appt. 11/25/02,
313-0723 (H) 11/21/05
Dan Weldon First 12/1/2008
6803 Hardscrabble Court
Wilmington, NC 28409 Appt. 11/21/05
790-1050 (H) 383-9800 (W)
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT (CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
ALTERNATES:
Peter M. DeVita First 12/1/2007
2104 Medeira Court
Wilmington, NC 28405 Appt. 7/24/06
509-3055 (H) 262-2113 (C)
Tim Fuller First 12/1/2007
13 3 Settlers Lane
Kure Beach, NC 28449 Appt. 11 /22/04
458-6900 (H) 251-5030 (W)
Carmen Vincent Gintoli Second 12/1/2008
317 Ventura Drive
Wilmington, NC 28412 Appt. 11/25/02,
799-5501 (H) 254-4325 11/21/05
Staff: Inspections Director Jay Graham, 7/06
Zoning Enforcement Officer Ann Hines File: /Zoning
B/C#33
~ [E (G [E ~ w [E ~
C,
New Hanover County
Board of Commissioners COMMITTEE APPLICATION SEP 2 9 2006
320 Chesl11utStreet, Room 305
Wi lmiugton, N C 2840] -4093
Telephone: (910) 798-7] 49 NEW HMWVU, CO
Fax 79R-7145 GD or COMM:~SIONrRS
Board/Committee: Zoning Board of Adjustment
Name: Robert F. Cameron, Jr.
Home
Address: 5119 Nicholas Creek Wilmington 28409
(St,-ee!) (City) (Zip Code)
Mailing Address if different: Post Office Box 1598, Wilmington, NC 28402
Home Phone: 910-313-1961 BusinessIWork Phone: 910-762-9635
Years Living in Caucasian
New Hanover County: 29 Male: - Female: - Race: Age: 36
(lnformation for the purpose of assuring a cross section of tile community)
Employer: Riverside Management
(.A person currently employe d by the agency or departmen t for which this apl)lication is made, must resign his/her position with New Hanover County
upon 31l1lointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Job Title: No formal ti tle - I manage rental properties and other family business interests.
Professional Activities: Toastmasters
Volunteer Activities: Cub Scouts, children's school activities
Why do you wish to serve on this board/committee? The ZBA has the potential to impact individual
lives and the community as a whole in a positive way by making sound decisions.
Conflict of Interest: If a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of ilis I her respective board during a public meeting. The member should state the nature of the conflict, detaifing that he/she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter.
What areas of concern would you lil{e to see addressed by this committee? I would like to assist the Board in
continuing to make sound and consistent decisions.
Qualifications for serving: See attached resume.
Other municipal or county boards/committees on which you are serving: none
List three local personal references and phone numbers:
1. Edwin L. West - 910-254-4748 (w)
2. Benjamin P. Wright - 910-509-2200 (w)
3. Dr. Vince Howe - 910-962-3883 (w)
Date: <if';;.1/0' Signature: 0JJ ~. ~.J~
AllJllications ~lre kept on file for]8 months Use reverse side for additional comments
Robert F. Cameron, Jr.
5119 Nicholas Creek Circle
Wilmington, NC 28409
Home (910) 313-1961 Work (910) 762-9635
rcameron@ec.rr.com
Education:
University of North Carolina at Chapel Hill - 1991 B.A. - Political Science
Wake Forest University School of Law - 1995 J.D.
Jessup International Law Moot Court Team
University of North Carolina at Wilmington - 2006 M.B.A.
Outstanding M.B.A. Graduate Award
Outstanding Academic Achievement A ward
Beta Gamma Sigma Honorary Business Fraternity
Learning Alliance Most Value Added Team Award
Work Experience:
Law Office of Matthew T Dill
August 1998 - December 2001
I worked as an attorney performing estate and tax planning, estate administration and
trust administration. My activities included drafting wills, trusts and related documents,
advising clients on tax matters and handling the administration of decedents' estates. A
small percentage of the work also involved business, domestic and real estate law.
Dill & Cameron, P.L.L. C.
January 2002 - January 2004
I became a member of the law firm of Dill & Cameron, P.L.L. C. upon its formation. I
continued my previous practice in estate planning; however, my responsibilities now
included firm related decisions and management issues.
Riverside Management, Inc.
February 2004 - Present
Riverside is a family S-corporation which operates II convenience stores in the
Wilmington area, as well as maintains various rental proper1ies. My responsibilities
include dealing with legal matters related to the C-stores, negotiating with rental tenants,
and assisting in the purchase and sale of real estate.
Other Activities:
Toastmasters
Licensed Real Estate Broker (inactive)
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street, Room 305
Wilmington, NC 28401-4093
Telephone (910) 341-7149
FAX (910) 341-4130
Application for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of Commlsslonel'$.
Request for Appointment to: Zl">"""'~ ~fI">l'l "...d d;. t\d>>-~t..~W\e..~\-
Name: W. <..\.-0. ~.\ So ':'s"',.., ".. e.. ~
Home How long have you been s
Address: LI'1-" \ c......\\..~~ fl...c~~ t>~ resident of New Hanover County? :Jf
Ma/7/nr; Addre$$: l.\ j ,\ ( ...\\E't!' I>.t oM!t. Dr-
City snd State: ,^,;\M;"~~,^ , Nc.. Zip Code: ;:}R 4D '<
,
Telephone: Home: (qlD) 7q~ - q,()'S Business: (qlO ') ""]q~ - Q"7D ~
-Sex: ~ -Race: \..J -Age: {J,
"This inft:n'matJon Is teqUultld for rh..... purptn. of .uuring th.t. _-.:tion of tho community Is appolntrHf.
"Employed by: \l: Co ~ "''' ~ \::' Q. ,... 1'-\ (
""A p_ t:JJIftfItJy <<npkJyod by Ill. IIgllllcy 'JF d..,mr.nt for whit:h thm applir:,I/ion is modo, m_ _ltpI his/h.r ptnJtkm with
New _0"", County upon appoInrmllllt, In .r:cord.nr:. with Artir:/a VI, Slit:_ 4 of tho N.w ~W/' County Prlrmnno/ ""/icy.
Job Title: <;"'~l 'In~l" \L~~'L\.t"J..,,^- I (nul'"+ ~f'h/~r e.!>
.
Professionsl Activities: ':r ...~,"...o.~'fV\b.\ \k\..~k ~....~ ) \-.r....." l ~n~ 1'0..), ~...,.~ . "t\l... I'n<'li\~
Vo/untserActlvities: ~A (' r-cl~ ~..~~ ~t"V\U'~1 ~t. ~~ s....~4>1 vn,,"""-.... ~<-\.\.,;~~ nl,..oM1( ~,,'< ~\oo\
lWIy do you wish to serve on the Soard, Committee, or Commission requested? ""L I .\r...",\- i.o ~p _~~
Cir~~""" 'i..... ~\.. ('-^.......W\\,)'^~L.,. ~ '; ^'j 1"I.t"I~'VtL ~ -\lh. l\f"e.b. ",^u
) ,
~\....:\r\N! '^ I'LI"..4 -:!: 1r-.lh'!' f't.. "E'-~~~ ~",\..e.n......\- '''' ;~ ~t'~ f'\.~~ A,.vd~~eJ-,
What do you feel II" your qualifications for serving on the SOllrd, Committee, or Commission requested?
At". {".... W\~V\.P~ ~ ~p v~+ ~~~oJQ. ~'^~~.. rr,u":XJ "!:' ~..\ "'c' \..0,,(> n 0.,-.,
~("'(.I,.~~ 0'1\. e- 1"\u.d.}. <:) e'-'C"" vo..t"\ov> c..O~'MV \~~e!;,
lMJat .ress of concern would you like to see the Soard, Committee, or Commission addre$$? .
c.. "'" b -t-\- ~"nt~~) 'be~~~\ I ,~~ r..Ji- .....,,'}. e.:x;~\.-'\'~'V~ \vA-n~LY~Ure
Are you currently serving on anot Y a municipality or. county? If so, pleaSs list:
OCT 2 4 2001 N'?1 J-
NEw HANllVU Cll
110 OF COMMISSlllNERS
--...-... -- - --~.- -- ._.... -- .." -.- -.
__u______ .. ---_.~-----
Oct 11 06 0522p Frank 910 799 0330 p.1
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
320 Cbcslrlu.t Street, Room 305
WilminSlon. NC 28401.4093
Telepbooc: (9 [0) 798-7149
Fax: 798-714:5
Board/Committee: Ntlc- ZO.4iiiJ{; J30~ o~ /Jt) J7./.s7Y'1~/
/1 i(
Name: OW ~/1?JK ~Ot36ftAJ.:rn..
Home .
Address: /63'1 ~(.//V'o~ LAl. tJIIJo'J/A,ltSTO;;) ,;dC- ..d?s:'rcJi"
(Stn..) (City) (Zip C.de)
Mailing Address if differeDt:
HomePllone: (910) 3'.2 - 537:/ BusioessIWorkPbone: C.~(tl/P)27<)~~.92.5 ().. 392,,:;;l,CJi)
Years Living ill
New HaBover Coun~': / .s- Male: X Female: _ Race: C/tHC/j..1'YC...J Age: t/i?
(In for.. .Cioo for the purpele .r &!I.luring _ cross sectiDn of the C Dmmu.it)l)
Employer: /I?->>IJt- .J?O.&.""\1. 7.T COA/...;,/?,?pc;17o"v c..'1., /;JC.
(A pc.rsoa eurrell tly elllployed by the .:ency or dq.artRHftt (ar which .lIil appJicatioais maclct .....t reaiCD his/her position with N ew H.Dov~r COKnty
.pon appoiatment, in aCl:ordanu. with Article VI, Sectien <4 of tilt New Hanoftr Couaty Pen.Dncl PoliC)i.)
Job Title: /,..ee#A:,..rr-
PJtf'7/jO( ." WDhl J1-1'.. C. H#1~" ,Nr::2/ ~PVrf'r OJ~ 11"t'71X,~ C~.-.J C-I c... .
Professiooal Activities: .It'1V01I16tt O~ (~"..;C;/~1'1I:1Y "'1"/~7Y~E-S' !'1:'",,/JIfteY -4,nm.<.f' CJ:)"J6~~
a4\.LV~~ ~ 6f'o?"~t>.rM .s;.,.~~]""" Or ~'v~ .~ ~~ .
VoLUDt~r Activities: L. ~ t'e-o/ /iJ/oiJ.rt . .'.,~I'f' C/fU,eJ(I.
C,,'T(: .61.:"NU"'lJ, I,.~ ~ ~.~~ C
Why do yoo wish to serve on this boardJcommittee? 71' Co';??.J ~>>-~ .K"l/P~~(}iF ~ /;,r.Pt:.~
tJ#7c'~7?!n::' ,,.J(,..... IbJ .~....~ ,1:0"( 7'P /""'?;;,?l7v~ ,#/1" /'<c/?fS~S;7";w
./bJIJ bJJI;I),.J(.~ C()/'7/1U/Ai/UP7~ '/"#6e69;: WITN CtJu..v7Y ~~U ~
Conflicr Dr rarer.sf: If. bOarc merIPbfPf be',.."es tie I site has a COfJ'''Cl ()I poren'lal conl1ict of ",'eresr on B pet1lclJlar issue, Mlt me-mber shOUlr1 stale thIS' belief,o l/)e OIher
members Of "is / her rerpecr.ye boerd <tur/ttg Ii pubUc meeting. The membsr stloutd srate rile nafure of the confHcr. det.iling that tte/sfte Itas 8 separate. pr;vale or monetary
in feol8st, ailher rJjrec-t or indirect, ;P) the fsS'ue IJnder coltsirJera';on. Th~ m emb.r should ff1en eJl'cuS'"e himself I herselr1rom vofJng on the matrer.
\Vllat areas of concern would you like to see addressed by this committee? l"/It- J)~I'" fi? ~ T OP
CQJJS?rr6/c.y ~/U.-J'(./rY #Jo ~ A-l..L-. ~/}J~ 1/lI/O('V~c..
, /
QualifiCJItiODS for serving: B;l-I-t.4b1. C~ ?~Mnif"""
-Zi' .Y~~ -'"MVb ,,'r/77 td(.6. Jt.rCCo< /"'I,-r !?CCl5J1l. ~.4 .I'~ ~ C/17~ vr -'
~.4t,p1..t6':S": j,Jnwr;...<.K.C ,f i'Jm)aJ?At" ~VA/N1A1G~ P/r:f Ar<eGII /7~/77.~ S6CuI(k'fY Cflln'
/}:S" /.I~ ~ j)~;...n; TJlc /M.fI1' f'>><.i17:..c J'Gt:u~?d ;PLN (j.JI1V'!- /nM/~~' ~ ;Jz
Olher mllDicipal or conaty boards/committees 011 which you are serving:
aMr;;t.ffl~ 1-1 (;. )~"lY~~ 1'1/'- /J~" ,,~..-cr ~.~
List three local personal references BDd pltone numbers:
1. Teff ~O/~,~ b?h - i7f/
2. RICk 1?f?77-/t.-M'6w b;d(r;J- f?67/
3. '/ I<i tJ~j]~G- r'.3/ - 6/25'
Date: I () - / C - O~ Signature:
.A.pplic.tioDS .I'e kepi on lile fer 13 months n I"ICverse side ror .ddiejoalal commcaD
03:33p p. 1
Jul 12 06
New Hanover County
Board of Commissioners COMMITTEE APPUCATION
320 Cll<llnu' Slree, Room 301
Wilmington, NC 2140 1 ~4093
TelepoofiC: (910) 798-7149
F..: 798-114\
Board/C om mittee: '20K.JINC...- r>c.>/q/:.c> of J9-D -;:J"\)Srl1[,I..} T
Name: Il< V /I'0&- '1<0)>1' L, ,)11/ 7;-1 :::I"/"<
Home 7011 FIIU/I/N ;2 <c?' C/ C) 7
Address: PRl \IE 1A')L/iJt0(-,- 70 If/'
(Street) (Cily) (Zip Code)
Mailing Address if different:
3'7:;'-~1f3 ~ fFt CE. CeLt..
HOllle Pbone: -- BusinesslWork Pboae: 71/-.3313 (, Fl-3Io(
Years Living in 30 Male~' Female: _ Race: \,.I..~ HI r C Age: L/1
New Hanover County:
( alarm.tioll for rbe purpole of altar iae- a <<!rOil .cui.. oftbe tomlD.8ily)
Employer: S){ Fn-I P; - o (>EI:?T);::: 5 I /l? G-
(A ,n""'08 ewrrenlly e..pioyed bJ' tile a.eeey or de,."tllDent rD.. ",hiel! this .pplicatloll. is del must relieD hi,lber positiDD with :Ne~' Haaover Coulty
IpO. .ppolntlReat... .lXGrd.n~ wllb Artide V[~ SecUolI 4 of fhe New H..over C6a.nty PeNOQDeI Policy.)
Job Title: I1f/"lBJ..:: X/Mf//lJf{(...EIC (~VjNt5K)
r --' ,.--
ProfessillDal Activities: .Jf>E'-J E LDP IllUb H A!iJI46-E CoN II ~ ,eCf #2- ,e EA L. c-:;;-O;f '([,.
Volunteer Activities: Cliff- to"lt/!. $txCflf: '550 ltTJott) WlIl.yo:-:r-f,PARI( OI''(OI'1/S 'J:5
PRt=Vlor.)~ Z,ClJt)()lJ'- &JfJJR',J> HEH!3.ER M:JR. iJ( 'E, ,
Wby do you wish to serve en this board/eommittee? :r w 115 11 p..e Ol") GlC:r I V ~ !vf cNBE R ~ /J T rl /.5
Bp/4;2P 1(l.1 '('fiE Pl9> [}:~R.. 5; X '(6AE!5.. I /lv'(.)()L!> L-( K E -po C)S"E /-I YI ,E): T;::A.lS'! UL::.~E~
Cf)nflk;1 of ..nr.r..r: Ie Oalr,. m.mber b'l""es he I $h~ has a confuct or potent;,! con/licf of Inter.st on B pamcuJarissuf, fh'f member shOlilcf stale '"is belleffO fJe other
membefS of hiS / her respectllfft board during 8 publiC meeting, rite member should state the nalure of the nnflicf, df1t./ling thlt be/She has a s.eparete. private or mOnelal)'
i"ter.sl, .itIJ11r direct or indirect, in the IlIue und"rcrmSIf:J.,.tio". Tile member shoufd rnen ucus, him"Jf I herself from votinG Dn the m.tfer.
Whatareas of concern would you like to see addressed by this committee? I'll C[)}'UC(~_~N 1;$ til A r- 1I-IE
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Qualifications for serving: Il{ 1Ir.! of Bull-hIit') & p,t-u G"~?I.<..(;. JAJ
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Other municipal or county boards/committees -' whieh you are serving:
jfJoAJE
List three local personal references and pbone numbers:
1. :SAM E.5 Cic.A (G- Nile EIUG-r/lJEr3"i< ),,:)6- 79"$-"7/3 (
2. 'R r C y[ r..12J:> 5rE550l--1.5 '5""20 -.3. 5:5. r
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Date: r;-/2-0C} Signature: ~
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
4: 10 p.m. 1. Non-Agenda Items (limit three minutes)
4: 15 p.m. 2. Approval of Minutes 177
4:20 p.m. 3. Adoption of a Resolution to A ward Bid 07-0191 and Contract 07-0191 to 179
Public Works Equipment & Supply, Inc. for the Purchase of a Sewer TV
Camera Inspection System in the Amount of $132,220
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer District - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District meeting held on October 16, 2006.
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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeti ng Date: 11/13/06
Water & Sewer Item #: 3 Estimated Time: Page Number:
Department: Finance Presenter:
Contacts: Lena Butler or Robert Daughtry
SUBJECT:
Adoption of Resolution to Award Bid 07-0191 and Contract 07-0191 to Public Works Equipment & Supply, Inc. for
the Purchase of a Sewer TV Camera Inspection System in the Amount of $132,220
BRIEF SUMMARY:
A Request for Bids was published in the Star News on Friday, October 13, 2006, for the purchase of a Sewer TV Camera
Inspection System. On Wednesday, October 25,2006, bids were opened and read aloud. The results are detailed below:
Public Works Equipment and Supply, Inc. $132,220.00
Adams Equipment Company $132,550.00
Jet-Vac Sewer Equipment Co., Inc. $137,854.82
The County's specifications called for a 2007 Sprinter 2500 Sch Van 140 or an approved equal equipped with a fully
mounted and installed pipeline television inspection, ROWER 600 Model or approved equal to be delivered within 90 days
after issuing the purchase order to the successful bidder. Upon reviewing the bids, it was noted that all bidders bid a 2006
Sprinter Van due to the fact that the 2007 models would not be available to dealers until approximately April 2007 with
delivery sometime in June or July of 2007.
Because the equipment is needed now, staff desires to accept the bid from the low bidder, Public Works Equipment and
Supply, Inc. for the 2006 Envirosight ROWER 125 Sewer Camera System in the amount of $132,220. The ROWER 125
superseded the ROWER 600.
Funds are available in account 800 85100 800200.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution awarding Bid # 07-0191 and Contract #07-01 91 to Public Works Equipment and Supply, Inc. in the amount
of $132,220 and authorize the County Manager to execute the contract.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. ..
07-0181 resolution. doc
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
RESOLUTION
BOARD OF COMMISSIONERS
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10:00
a.m., October 25, 2006 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, for the
purchase of a Sewer TV Camera Inspection System and
the following bids were received; and
Public Works Equipment and Supply, Inc. $132,220.00
Adams Equipment Company $132,550.00
Jet-Vac Sewer Equipment Co., Inc. $137,854.82
WHEREAS, the County's specifications called for a 2007 or newer Sprinter Van or an approved equal equipped
with a fully mounted and installed pipeline television inspection, ROVVER 600 Model or approved equal to be delivered
within 90 days after issuing the purchase order to the successful bidder; and
WHEREAS, all bidders bid a 2006 Sprinter Van because the 2007 Sprinter Van requested by the County would
not be available to dealers until approximately April 2007 with delivery sometime in June or July 2007, and
WHEREAS, the 2006 Sprinter Van meets all of the other specifications outlined in the Request for Bids issued by
the County; and
WHEAREAS, the County's Water and Sewer District desires to obtain the equipment as soon as possible to be
used in their current operations and therefore desires to accept the 2006 Sprinter Van that is available now instead of
waiting several more months for the 2007 Sprinter Van to become available to dealers; and
WHEREAS sufficient funds to purchase this Sewer TV Camera Inspection System are available and have been
budgeted in account # 80085100800200.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that
contract 07-0191 for the purchase of a Sewer TV Camera Inspection System be awarded to Public Works Equipment and
Supply, Inc., the lowest bidder, in the amount of one hundred thirty-two thousand two hundred twenty dollars ($132,220);
and that the County Manager is hereby authorized and directed to execute contract 07-0191, contract form to be approved
by the County Attorney.
This 13th day of November 2006.
(SEAL)
William A. Kopp, Jr., Chairman
ATTEST:
Sheila 1. Schult, Clerk to the Board