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Agenda 2005 08-01 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN · WILLIAM A. CASTER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER · WILLIAM A. KOPP, JR., COMMISSIONER · NANCY H. PRITCHETT, COMMISSIONER ·· ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD August 1, 2005 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of Proclamation to Declare August 2005 35 Child Support Awareness Month 5:45 p.m. 2.1 Public Hearing39 Rezoning (Continued at 07/11/05 meeting) ? Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business (Z-799, 06/05) 6:15 p.m. 2.2 Public Hearing45 Rezoning ? Request by Withers & Ravenel for Gulf Stream Foods of NC, Inc. to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road from R-15 Residential to CD (O&I) Office and Institutional (Z-798, 06/05) 6:35 p.m. 2.3 Public Hearing53 Rezoning ? Request by Withers & Ravenel for Harold & Brenda Leonard to rezone approximately 1.01 acres of property located at 5203 and 5207 Castle Hayne Road from RA Rural Agricultural to CD (B-2) Highway Business (Z-800, 07/05) 7:05 p.m. 2.4 Public Hearing59 Rezoning ? Request by Ocean Highway Baptist/Liberty Ministries to rezone approximately 2.03 acres of property located at 7957 Market Street from R-15 Residential to O&I Office and Institutional (Z-803, 07/05) 7:15 p.m. Break 7:25 p.m. 2.5 Public Hearing63 Rezoning ? Request by Walter ?Pete? Avery for GSSC, LLC to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road from B-1 Neighborhood Business to B-2 Highway Business (Z-804, 07/05) 7:45 p.m. 2.6 Public Hearing67 Special Use Permit ? Request by William Nixon to consider a Special Use Permit to locate a single wide mobile home in an R-20 Residential Zoning District located near 3355 Davis Lane, west side of Castle Hayne Road (S-533, 08/05) 7:55 p.m. 2.7 Public Hearing73 Zoning Text Amendment ? Request by Withers & Ravenel to consider amending Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance by adding ?Food & Beverages? under the Manufacturing Section and permitting the use by right in Zoning Districts I-1 Light Industrial, I-2 Heavy Industrial, and AI Airport Industrial (A-342, 07/05) 8:10 p.m. 3. Presentation: The Discovery Passport77 8:20 p.m. 4. Consideration of Refinancing of 1998 General Obligation Bonds81 87 8:30 p.m. 5. Meeting of the Water and Sewer District 9:10 p.m. 6. Non-Agenda Items 9:20 p.m. 7. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 9:30 p.m. 8. Closed Session Pursuant to G. S. 143-318.11(a)(3)85 9:45 p.m. Meeting Continued until August 9, 2005 at 9:00 a.m. estimated Note: Times listed for each item are , and if a preceding item takes less me, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:30 p.m. 1. Non-Agenda Items (limit three minutes) 8:40 p.m. 2. Approval of Minutes89 8:45 p.m. 3. Consideration of Award of Bid and Approval of Contract 05-0233 for 91 MOSCAD SCADA Upgrade for Water and Sewer Telemetry System and Approval of Budget Amendment 06-0007 8:55 p.m. 4. Consideration of a temporary private lift station in lieu of gravity sewer to serve 95 the proposed Saylor?s Watch Development (formerly proposed as Emmart Place Development located at 4717, 4718, and 4722 South College Road) 9:05 p.m. 5. Consideration of Award of Contract 05-0304 for Westbay Interconnector Water 99 System Expansion and Associated Budget Amendment 06-0008 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 2. Approval of Adoption of State Road Resolutions Requesting the State to Add the 9 Following Roads: - Southeast Harbor Drive, Possum Place, English Landing and Wax Myrtle Court in Southeast Harbor Subdivision (Div. File No. 1064-N) - Marsh Reach Drive and Folly Island Court in Marsh Oaks Subdivision (Div. File No. 1066-N) 3. Approval of Request by the Arboretum Foundation to Use One County Free Day 13 at the Coastline Convention Center for the 2006 Wilmington Garden Show 4. Ratification of a Proclamation to Declare July 30 ? August 5, 2005 Coast Guard 15 Week 5. Approval of Proclamation to Declare November 1, 2005 Medical-Surgical Nurses 17 Day 6. Approval of Bank of America Commercial Segment Deposit Account Signature 21 Card and Declaration for Public Entities 7. Approval of Riverside Community Building Rental Fee Increase25 8. Approval of 2005 New Hanover County Hurricane Assistance Program 29 Application 9. Approval of Budget Amendment 06-0004 31 Public Safety/Information Technology/General Revenues 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 1Estimated 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: Approval of minutes from the Regular Meeting on July 11, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Adoption of State Road Resolutions requesting the State to add the following roads: - Southeast Harbor Drive, Possum Place, English Landing and Wax Myrtle Court in Southeast Harbor Subdivision (Div. File No. 1064-N) - Marsh Reach Drive and Folly Island Court in Marsh Oaks Subdivision (Div. File No. 1066-N) BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt the resolutions in support of adding the roads. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Standard SR-2 Resolutions FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NCDOT letters ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of resolutions. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 10 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 3Estimated Time:Page Number: Department: Cooperative Extension Service Presenter: Contact: Melissa Hight Item Does Not Require Review SUBJECT: Request by the Arboretum Foundation to Use One County Free Day at the Coastline Convention Center for the 2006 Wilmington Garden Show BRIEF SUMMARY: The Arboretum Foundation has requested the County to allow the Arboretum to use one of the County's free days at the Coast Line Convention Center during the 2006 Wilmington Garden Show. The use of one free day enables the Foundation to apply the saved funds directly to Arboretum projects and operations. The Foundation is grateful for the support by the Board for the past eleven years and requests continuing support for the 2006 fund raising event. The event is scheduled for February 11-12, 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the request. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Letter from Melissa Hight ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 4Estimated Time:Page Number: Department: County Manager Presenter: Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Ratification of a Proclamation to Declare July 30 - August 5, 2005 Coast Guard Week BRIEF SUMMARY: Chris May, Executive Director of Cape Fear Council of Governments, requests your approval of the attached proclamation. The timing was out of sync with the meeting schedule in July. The Coast Guard Day is to be held on July 30th, and the proclamation is requested for the event. Therefore, staff requests the Board ratify the proclamation at the August 1 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: k Coast Guard Wee ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 15 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 5Estimated Time:Page Number: Department: County Manager Presenter: Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Approval of Proclamation to Declare November 1, 2005 Medical-Surgical Nurses Day BRIEF SUMMARY: Edna Ennis has submitted the attached letter and proclamation and requests the Board to declare November 1, 2005 Medical-Surgical Nurses Day. She wishes to take the proclamation to an annual convention in September. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: rMedical-Surgical Nurs Ennis Lette ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 18 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 6Estimated Time:Page Number: Department: Finance Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities BRIEF SUMMARY: Attached Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities for New Hanover County DSS trust client. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of Commissioners approve the Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities for this dedicated savings account. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: The Bank of America Commercial Segment Deposit Account Signature Card and Declaration for Public Entities are being submitted separately. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 21 22 23 This page intentionally left blank. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 7Estimated Time:Page Number: Department: Parks Presenter: Dave Weaver Contact: Neal Lewis SUBJECT: Riverside Community Building Rental Fee Increase BRIEF SUMMARY: The fees for rental of the Riverside Community Building are very low compared to rental rates for similar facilities in the County, and currently do not provide sufficient income to cover the costs of maintenance, operations, attendant fees or repairs. The proposed rental fees are a better reflection of the costs associated with the use of the building, and include a damage deposit that will hold renters of the facility more accountable for any damages or misuse of the building. The new Rental Fee Policy also includes language that clarifies issues relating to how the building may be used. The existing fees are also attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the new Rental Fee Policy for the Riverside Community Building, effective for all future reservations. Existing fees and policy will apply to existing confirmed reservations. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Riverside Rental Aggreeme REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item is postponed until the September 19, 2005 meeting. 25 26 27 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Consent Item #: 8Estimated Time:Page Number: Department: Planning Presenter: Wanda Coston Contact: Wanda Coston Item Does Not Require Review SUBJECT: 2005 New Hanover County Hurricane Assistance Program BRIEF SUMMARY: New Hanover County was recently designated for State Declared Disaster Assistance Program for Hurricanes Charlie and Bonnie. Based upon previous application, up to eighteen (18) households may be eligible for housing rehabilitation or replacement assistance. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners to authorize staff to submit application to the North Carolina Department of Crime Control and Public Safety, Redevelopment Center for funding to assist County residents. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funding from North Carolina Department of Crime Control and Public Safety, Redevelopment Center ATTACHMENTS: g Assistan Crisis Housin ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Budget Amendment Consent Item #: 9Estimated Time:Page Number: DEPARTMENT: Public Safety/Information Technology/General Revenues BUDGET AMENDMENT #: 06-0004 ADJUSTMENT DEBIT CREDIT GENERAL FUND General Fund General Rev.: Transfer In Spec. Rev. Funds $150,000 Information Technology: Contracted Services $150,000 WIRELESS 911 FUND Other Funding Sources: Appropriated Fund Balance $60,000 Wireless PS Communication: Transfer to General Fund $60,000 EMERGENCY TELE. FUND Other Financing Sources: Appropriated Fund Balance $90,000 Public Safety Communications: Transfer to General Fund $90,000 EXPLANATION: To budget Emergency Telephone (Wireline 911) and Wireless 911 Funds to contract for new color aerial orthophotography to aid in the update of existing address and street centerline mapping for use in County Public Safety Communications Center. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 31 This page intentionally left blank. 32 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of Proclamation to Declare August 2005 35 Child Support Awareness Month 5:45 p.m. 2.1 Public Hearing 39 Rezoning (Continued at 07/11/05 meeting) ? Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business (Z-799, 06/05) 6:15 p.m. 2.2 Public Hearing 45 Rezoning ? Request by Withers & Ravenel for Gulf Stream Foods of NC, Inc. to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road from R-15 Residential to CD (O&I) Office and Institutional (Z-798, 06/05) 6:35 p.m. 2.3 Public Hearing 53 Rezoning ? Request by Withers & Ravenel for Harold & Brenda Leonard to rezone approximately 1.01 acres of property located at 5203 and 5207 Castle Hayne Road from RA Rural Agricultural to CD (B-2) Highway Business (Z-800, 07/05) 7:05 p.m. 2.4 Public Hearing 59 Rezoning ? Request by Ocean Highway Baptist/Liberty Ministries to rezone approximately 2.03 acres of property located at 7957 Market Street from R-15 Residential to O&I Office and Institutional (Z-803, 07/05) 7:15 p.m. Break 7:25 p.m. 2.5 Public Hearing 63 Rezoning ? Request by Walter ?Pete? Avery for GSSC, LLC to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road from B-1 Neighborhood Business to B-2 Highway Business (Z-804, 07/05) 7:45 p.m. 2.6 Public Hearing 67 Special Use Permit ? Request by William Nixon to consider a Special Use Permit to locate a single wide mobile home in an R-20 Residential Zoning District located near 3355 Davis Lane, west side of Castle Hayne Road (S-533, 08/05) 7:55 p.m. 2.7 Public Hearing 73 Zoning Text Amendment ? Request by Withers & Ravenel to consider amending Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance by adding ?Food & Beverages? under the Manufacturing Section and permitting the use by right in Zoning Districts I-1 Light Industrial, I-2 Heavy Industrial, and AI Airport Industrial (A-342, 07/05) 33 8:10 p.m. 3. Presentation: The Discovery Passport 77 8:20 p.m. 4. Consideration of Refinancing of 1998 General Obligation Bonds 81 8:30 p.m. 5. Meeting of the Water and Sewer District 87 9:10 p.m. 6. Non-Agenda Items 9:20 p.m. 7. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 9:30 p.m. 8. Closed Session Pursuant to G. S. 143-318.11(a)(3) 85 estimated Note: Times listed for each item are , and if a preceding item takes less time, the Board will move forward until the agenda is completed. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Carla West, Program Manager, New Hanover County Child Support Agency Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Consider Adoption of Proclamation to Declare August 2005 Child Support Awareness Month BRIEF SUMMARY: Carla West, Program Manager from New Hanover County Child Support Agency, submitted the attached resolution for the Board's consideration and adoption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: pport Awareness Child Su ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 36 37 This page intentionally left blank. 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-799, 06/05 (Continued 7/11/05 CC Mtg) Rezoning request to rezone approximately 16.81 acres of property between 8600 & 8700 blocks of Market Street from R-15 Residential to B-1 Neighborhood Business and approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business BRIEF SUMMARY: Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 & 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval of the request with modifications by a vote of 4-1. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-799 Planning Brd recomme 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved a motion 3-2, Davis & Pritchett opposing, to approve the rezoning request as approved by the Planning Board, with the effective date of the rezoning to be upon the opening of the bypass and access road. 39 40 41 42 43 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-798, 06/05 Rezoning request to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive & 4624 Carolina Beach Road from R-15 Residential to CD (O&I) Office and Institutional BRIEF SUMMARY: Request by Withers & Ravenel for Gulf Stream Foods of NC, Inc. to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road, from R-15 Residential to CD (O&I) Office and Institutional. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board denied the request by a vote of 4-2. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: am Z-798 Staff SummZ-798 Petition Sum , 2 letters, 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Motion to approve the rezoning was approved 3-2, Greer & Davis opposing. A motion to approve the conditional use was approved 3-2, Greer & Davis opposing. 45 46 47 48 49 50 51 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-800, 07/05 Rezoning request to rezone approximately 1.01 acres of property located at 5203 & 5207 Castle Hayne Road from RA Rural Agricultural to CD(B-2) Highway Business BRIEF SUMMARY: Request by Withers & Ravenel for Harold & Brenda Leonard to rezone approximately 1.01 acres of property located at 5203 & 5207 Castle Hayne Road, from RA Rural Agricultural to CD(B-2) Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval of the request with conditions by a vote of 4-2. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-800 staff summZ-800preliminary staff Z-800 Pet Sum 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Motion to rezone approved 3-2, Davis & Pritchett opposing. Motion for conditional use approved 3-2, Davis & Pritchett opposing. 53 54 55 56 57 This page intentionally left blank. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-803, 07/05 Rezoning application to rezone approximately 2.03 acres of property located at 7957 Market Street from R-15 Residential to O&I Office and Institutional BRIEF SUMMARY: Request by Ocean Highway Baptist/Liberty Ministries to rezone approximately 2.03 acres of property located at 7957 Market Street from R-15 Residential to O&I Office and Institutional. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-803 Staff Summa Z-803 Pet Sum 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 59 60 61 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.5Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-804, 07/05 Rezoning request to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road from B-1 Neighborhood Business to B-2 Highway Business BRIEF SUMMARY: Request by Walter "Pete" Avery for GSSC, LLC to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road from B-1 Neighborhood Business to B-2 Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0 limiting the rezoning district depth to 500 feet from Castle Hayne Road and including 2 parcels presently zoned B-1 Neighborhood Business located at the southeast corner of North Kerr Avenue and Castle Hayne Road. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-804 staff summ Z-804 Pet Sum 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved as suggested by the Planning Board and planning staff 5-0. 63 64 65 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.6Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-533, 08/05 Request for a Special Use Permit to locate a single wide mobile home in an R-20 Residential Zoning District located near 3355 Davis Lane BRIEF SUMMARY: Request by William Nixon to consider a Special Use Permit to locate a single wide mobile home in an R-20 Residential Zoning District located near 3355 Davis Lane, west side of Castle Hayne Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: y StaffS-533 Petition Summ S-533 Preliminar 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The applicant was not present. The item is postponed until the September 6, 2005 meeting 5-0. 67 68 69 70 71 This page intentionally left blank. 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 2.7Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case A-342, 07/05 Request for Zoning Text Amendment to consider amending Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance BRIEF SUMMARY: Request by Withers & Ravenel to consider amending Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance by adding "Food & Beverages" under the Manufacturing Section and permitting the use by right in Zoning Districts I-1 Light Industrial, I-2 Heavy Industrial, and A-I Airport Industrial. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0 for Special Use Permit only in the A-I Airport Industrial District. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: A-342 Staff Summa 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved the special use permit 5-0. 73 74 75 This page intentionally left blank. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 3Estimated Time:Page Number: Department: Museum Presenter: Ruth Haas, Director, Cape Fear Museum Jim McDaniel, Director, Airlie Gardens Contact: Ruth Haas SUBJECT: Presentation: The Discovery Passport BRIEF SUMMARY: At the direction of Cape Fear Museum's joint board and staff retreat in the fall of 2004, James Smith, CFM Associate's Board Marketing Chair, led the task force to promote collaborative marketing among area attractions. Suesan Sullivan, CFM Public Relations Manager, organized a meeting of thirteen area attractions inviting their participation in a cooperative venture. Meeting space was contributed by Hilton Riverside and Holiday Inn Express. The result of these efforts is the Discovery Passport , designed and produced by Cape Fear Museum. For the first printing, 10,000 copies were made and distributed to each attraction, hotels, visitor centers, and key tourist touch-points. Airlie Gardens, the Convention & Visitors Bureau, Cape Fear Museum, Battleship North Carolina, North Carolina Aquarium, and other attractions will put the PassportPassport onto web sites where it can be downloaded. The is a simple offering of discounts offered by each participating attraction. It serves as a way that participants can promote each other. Currently the participants are running Passports a field test from Memorial Day through Labor Day. A second printing of 10,000 has been done. As the group looks to the future, it is hoped that the program will expand and prompt training of front desk personnel on how to best Discovery Passport promote area attractions using the . RECOMMENDED MOTION AND REQUESTED ACTIONS: Discovery Passport Request the New Hanover Count Board of Commissioners endorse the and encourage the continued support and participation by New Hanover County attractions. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Discovery Passport Copies of REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: Discovery Passport Heard presentation and approved a motion 5-0 to endorse the and encourage the continued support and participation by New Hanover County attractions. 77 78 79 This page intentionally left blank. 80 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 4Estimated Time:Page Number: Department: Legal Presenters: Wanda M. Copley, County Attorney Bruce T. Shell, Finance Director Contacts: Wanda M. Copley, County Attorney Bruce T. Shell, Finance Director SUBJECT: Refinancing of 1998 General Obligation Bonds BRIEF SUMMARY: In 1998 New Hanover County issued general obligation bonds to finance a combination of School and Community College projects. The County has an opportunity to refinance this debt (not to exceed $21,000,000). The result of this action is projected to generate a cash savings of approximately $625,000 through 2018 ($50,000 per year). The Board is asked to introduce the Bond Order for $21,000,000 in General Obligation Bonds. The Board is also asked via Resolution to approve the public hearing for August 9, 2005 and provide authority for the Clerk to the Board of County Commissioners and the Finance Director to take the necessary steps in advertisement of the public hearing and filing the debt statement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Introduce the Bond Order for $21,000,000 in General Obligation Bonds. Consider and approve the Resolution in connection with the Bond Order calling for a public hearing, advertising of same and directing the Finance Director to file a statement of debt with the Clerk to the Board of County Commissioners. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: BondOrder(Revised)-1998GORefundingSResolution(Revised)-Aug1stMtg-1998GORefun REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved the introduction of the bond order 5-0. Approved adoption of the resolution 5-0. 81 82 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Regular Item #: 8Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Closed Session pursuant to G.S. 143-318.11(a)(3) BRIEF SUMMARY: The Board will consult with the County Attorney regarding a matter of litigation as authorized by G.S. 143-318.11(a)(3). RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Closed Session. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: N/A REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The Board met with the County Attorney and gave her instructions about a legal matter. 85 This page intentionally left blank. 86 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:30 p.m. 1. Non-Agenda Items (limit three minutes) 8:40 p.m. 2. Approval of Minutes 89 8:45 p.m. 3. Consideration of Award of Bid and Approval of Contract 05-0233 for 91 MOSCAD SCADA Upgrade for Water and Sewer Telemetry System and Approval of Budget Amendment 06-0007 8:55 p.m. 4. Consideration of a temporary private lift station in lieu of gravity sewer to serve 95 the proposed Saylor?s Watch Development (formerly proposed as Emmart Place Development located at 4717, 4718, and 4722 South College Road) 9:05 p.m. 5. Consideration of Award of Contract 05-0304 for Westbay Interconnector Water 99 System Expansion and Associated Budget Amendment 06-0008 87 This page intentionally left blank. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer - Approval of Minutes BRIEF SUMMARY: Approve minutes from the July 11, 2005 meeting of the Water and Sewer District. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 89 This page intentionally left blank. 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson, County Engineer Contact: Greg Thompson or Amy Akin SUBJECT: Award of Bid and Approval of Contract # 05-0233 for MOSCAD SCADA Upgrade for Water and Sewer Telemetry System and Approval of Budget Amendment 06-0007 BRIEF SUMMARY: The District, as you are aware, uses a telemetry system to monitor such facilities as pump stations. The upgrade of the MOSCAD SCADA Telemetry System was included in the adopted budget. A budget amendment is attached as part of this package to transfer the additional funds necessary to award the contract. In preparation of the bid specifications, the Engineering Department researched the operation of the system and what functionality for the upgrade was needed to meet operational expectations. The current system is a Motorola System and therefore any upgrade is restricted to the Motorola product. A significant part of the project was to provide adequate software and equipment to split the existing MOSCAD SCADA network into three separate frequencies. Two proposals were received. The low bidder, Lord and Company, Inc. in Fort Mill, South Carolina, submitted a bid of $216,273.00. Coastal Electronics, Inc., a local company, submitted a bid in the amount of $277,558.00. The Engineering department thoroughly reviewed the bid proposals from both companies and has determined that the proposal from the low bidder does not provide adequate equipment and labor to split the existing MOSCAD SCADA network into three separate frequencies as required. In addition, the proposal does not provide adequate software and software licenses to address the operational requirements as specified. Furthermore, the delivery and completion time frame was six months for Lord and Company and with Coastal it was three months. Therefore, the Engineering Department has determined that the proposal from Lord and Company, Inc. is nonresponsive. As a result, staff recommends award to Coastal Electronics, Inc., the lowest responsive bidder, in the amount of $277,558.00. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of the resolution to: 1. award bid 05-0233 to Coast Electronics, Inc. 2. approve contract 05-0233 and authorize the County Manager to execute contract on behalf of the District 3. approve budget amendment 06-0007 FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: With approval of budget amendment, adequate funds will be available in account 80085100-800200 for this contract. 91 ATTACHMENTS: 05-0233 resolution foBA06-0007.d REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 92 93 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Budget Amendment DEPARTMENT: Water and Sewer BUDGET AMENDMENT #: 06-0007 ADJUSTMENT DEBIT CREDIT Water and Sewer Finance: Appropriated Fund Balance $172,558 Water and Sewer Administration: Capital Outlay - Equipment $172,558 EXPLANATION: To budget additional funds to upgrade MOSCAD SCADA system. ADDITIONAL INFORMATION: MOSCAD SCADA is a telemetry system that keeps track of our lift stations (around 130) and well sites. The current system has been in place for some time and it needs upgrading. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Approval of a temporary private lift station in lieu of gravity sewer to serve the proposed Saylor's Watch Development (formerly proposed as Emmart Place Development located at 4717, 4718, and 4722 South College Road) BRIEF SUMMARY: The subject proposed development consists of new townhouses between Still Meadow Village (to the south) and The Vineyard Church (to the north). The sewer system within Still Meadow Village is privately owned. Still Meadow Village has not agreed to transfer ownership to the District to provide the subject development sewer service through their currently privately permitted system. Gravity sewer at the Vineyard Church is too shallow to be extended to the subject development. The District's regional sewer development plan is to build out gravity sewer from the Johnson Farms area (to the west). However, the construction of two subdivisions must be completed before the system would be accessible for extension to Saylor's Watch. The developer of Saylor's Watch requests approval to design, permit and construct a private collection system and a temporary private lift station to pump to the County sewer. When gravity sewer is available through Johnson Farms, the developer will abandon the lift station and connect to County sewer as directed by the District. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the District accept the flow and conditionally approve construction of a private sewer and temporary private lift station. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved. ATTACHMENTS: Request letter from Maurice S. Emmart, Jr., Saylor's Watch Development, Inc. to Greg Thompson, County Engineer, dated 07/18/05 Aerial of Emmart Place and Adjoining Property, NHC Sewer Availability, dated 07/08/05 REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 95 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with County Engineer. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 96 97 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Water & Sewer Item #: 5Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Award of Contract # 05-0304 for Westbay Interconnector Water System Expansion BRIEF SUMMARY: In 2003, New Hanover County awarded a contract for the construction of water lines that connected various elements of the District's water system to improve water quality, flow, and pressure. An additional 16-inch water line was subsequently designed to connect the Ogden Water Tower site to the District's two new wells at the proposed site of the District's future Water Treatment Plant in the Greenview Ranches area off Diane Drive. Modeling indicates that this new water line should increase water pressure in the District's system from Ogden to Porters Neck on the Highway 17 North corridor. On June 29, 2005 bids were received for the new line and associated connections to wells and other water lines in the immediate vicinity. The successful bid was $953,300 by T.A. Loving Company. The associated budget amendment is required to cover the expense. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award of the contract to T. A. Loving in the amount of $953,300 and request approval of the associated budget amendment. Also, please authorized the Chairman of the Water and Sewer District to execute the contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund - Water System Enhancement ATTACHMENTS: d BA06-0008. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 99 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 08/01/05 Budget Amendment DEPARTMENT: Water and Sewer BUDGET AMENDMENT #: 06-0008 ADJUSTMENT DEBIT CREDIT Water & Sewer Finance: Appropriated Fund Balance (Water and $953,300 Sewer) Water & Sewer Engineering: Transfer to Capital Project $953,300 (Water System Enhancements) Water & Sewer Enhancements: Transfer in Enterprise Funds $953,300 Capital Project Expense $953,300 EXPLANATION: Appropriate Water and Sewer fund balance to Water System Enhancements project to connect the Ogden Water Tower site to the District's two new wells. Modeling indicates that this new water line should increase water pressure in the District's system from Ogden to Porter's Neck on the Highway 17 North corridor. ADDITIONAL INFORMATION: The District's new wells are located at the proposed site of the District's future Water Treatment Plant in the Greenview Ranches area off Diane Drive. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 100