Agenda 2003 02-03
AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
TED DAVIS, JR., CHAIRMAN · ROBERT G. GREER VICE-CHAIRMAN
WILLIAM A. CASTER, COMMISSIONER · JULIA BOSEMAN, COMMISSIONER · NANCY PRITCHETT, COMMISSIONER
··
ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
February 3, 2003 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS
TIMES
Additional 1.Resolution Recognizing Amery Wells
Item
5:45 p.m. 1. Consideration of Resolution Proclaiming February 2003 as ?Human Relations
Month?
5:50 p.m. 2. Presentation by the New Hanover County Commission for Women
Public Hearings
5:55 p.m. 3. Public Hearing Regarding Placement of Signs Identifying the Monkey Junction
Area
6:00 p.m. 4.1 Special Use Permit ? Request by Jeanne Finucan to operate an in-home child
daycare facility with two shifts providing care for a total of 17 children in an R-
10 Residential District located at 4504 Barnards Landing Road. (S-496, 01/03)
6:30 p.m. 4.2 Special Use Permit ? Request by Andrew and Kuske Consulting Engineers,
Inc. for Cypress Pond at Porters Neck, LLC requesting a High Density
Development for 264 units in an R-15 Residential District and B-1
Neighborhood Business District located on several parcels of land behind the
Porters Neck Shopping Center, 8207 Market Street. (S-497, 01/03)
7:00 p.m. 5. SECOND READING: Consideration of an Ordinance Banning Camping and
Open Fires on the North End of Carolina Beach
7:30 p.m. 6. Consideration of a School Property Acquisition by the Board of Education
7:45 p.m. 7. Consideration of Preliminary Resolution for Certificates of Participation
8:00 p.m. 8. Meeting of the Water and Sewer District
9. Approval of Change Orders for the Judicial Building
8:10 p.m. Non-Agenda Items (limit 3 minutes)
8:20 p.m. Additional Items:
County Commissioners
County Attorney
County Manager
8:30 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed.
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS
1. Approval of Minutes
Non-Agenda Items (limit 3 minutes)
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of Application for a Joblinks Transportation Grant
Approval of Change Orders for the Judicial Building ? item moved to Regular
Agenda, Item #9
4. Approval of Landscape Maintenance Contract for County (Non-Park) Facilities
Approval of Budget Amendments
5.1 #03-0116
5.2 #2003-24
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Additional Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
SUBJECT:
Resolution Recognizing Amery Wells
BRIEF SUMMARY:
Amery Wells has been promoted to District Ranger for the North Carolina Division of Forest Resources and will be serving
residents in the Duplin/Pender County Zone.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt a resolution to recognize Amery Wells for his service to the residents of New Hanover County.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
y Well
RESOLUTION Amer
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption
COMMISSIONERS' ACTIONS/COMMENTS: Adopted resolution.
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Amery Wells has served the citizens of Southeast North Carolina since 1992 when he joined the North Carolina Division
of Forest Resources as a Temporary Crewman, and
WHEREAS, Amery Wells, was rapidly promoted to Assistant County Ranger for Pender County, where he served until 1998 and
transferred to New Hanover County where he has diligently worked toward the safety of New Hanover County residents, and
WHEREAS, Amery Wells has helped protect life and property in New Hanover County through his work with the Division of Forest
Resources and his collaborative work with New Hanover County Fire Services and New Hanover County Emergency Management, and
WHEREAS, Amery Wells has been promoted to District Ranger for the North Carolina Division of Forest Resources and will be
serving residents in the Duplin/Pender County Zone District Eight,
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby sincerely thank and
recognize District Ranger Amery Wells on his promotion and for his years of dedication to protecting the lives and property of the
citizens of New Hanover County.
rd
Adopted this, the 3 day of February 2003.
New Hanover County Board of Commissioners
[Attest]
Ted Davis, Jr. Chairman
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 1Estimated Time:Page Number:
Department: Human Relations Presenter: Carl Byrd, Sr. and/or Lethia Hankins
Contact: Carl A. Byrd, Sr.
Item Does Not Require Review
SUBJECT:
Human Relations Month
BRIEF SUMMARY:
The New Hanover Human Relations Commission members request to proclaim February 2003, as "Human Relations
Month"
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Proclamations
2003HRMPRO.WPD
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider adoption of resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted 5-0.
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WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington Chamber of
Commerce, and the Friends of Human Relations are sponsoring Human Relations Month, and
WHEREAS, the theme for Human Relations Month is, ?
Human Relations: 40 Years of Progress.?
WHEREAS, we encourage all citizens to respect and work to establish equal rights for all persons regardless
of race, color, sex, religion, age, disability, or familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an every day basis, we help to
preserve, protect, and perpetuate the rights of each person to freedom, liberty, and justice.
NOW, THEREFORE, The New Hanover County Board of Commissioners hereby proclaim the month of
February, 2003 as
HUMAN RELATIONS MONTH
in New Hanover County, North Carolina. I call upon all citizens of the New Hanover County area to sincerely join
forces in creating and practicing a mutual bond of fellowship with all citizens and resolve to accept a personal
challenge to improve the status of all people through assurance of the basic human rights of justice, freedom, and
dignity.
ATTEST:
______________________________ _______________________________
Lucie F. Harrell, Ted Davis, Jr.,
Clerk to the Board Chairman
New Hanover County Board
of Commissioners
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 2Estimated Time:Page Number:
Department: County Manager Presenter: Amber Milliken
Contact: Amber Milliken
SUBJECT:
Presentation by the New Hanover County Commission for Women
BRIEF SUMMARY:
Amber Milliken, Secretary of the New Hanover County Commission for Women has requested the opportunity to speak to
the Board to provide an update on their accomplishments and upcoming projects.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: 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:
Hear presentation. No action required.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
SUBJECT:
Public Hearing Regarding Placement of Signs Identifying the Monkey Junction Area
BRIEF SUMMARY:
A public hearing will be held regarding placement of a sign at Myrtle Grove/Monkey Junction identifying the "Monkey
Junction" area. The attached letters from interested residents and from staff provide additional information. The Board
may wish to adopt the attached resolution requesting NCDOT to place a sign(s) at the intersection.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
MonkeyJunction
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct hearing. If you endorse the naming, passage of the resolution will be necessary.
COMMISSIONERS' ACTIONS/COMMENTS:
Held public hearing, adopted resolution as attached. Approved 5-0
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RESOLUTION REQUESTING NCDOT TO PLACE SIGNS
IDENTIFYING THE MONKEY JUNCTION AREA
WHEREAS, the intersection of U.S. 421 (Carolina Beach Road) and N. C. 132 (College Road) has been known as Monkey
Junction since the mid-1900?s; and
WHEREAS, many persons use the term ?Monkey Junction? in giving directions to visitors and in describing locations of
businesses.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the County of New Hanover does hereby
request the North Carolina Department of Transportation to place informational signs at appropriate locations at the 421/132
intersection identifying the area as Monkey Junction.
rd
ADOPTED this 3 day of February, 2003.
__________________________
Ted Davis, Jr., Chairman
ATTEST:
_____________________________
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 4.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-496, 01/03 Special Use Permit for: Child Daycare Facility in an R-10 Residential
Zoning District, 3 shifts of 12 children (36 total).
BRIEF SUMMARY:
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
The subject property is located within the Myrtle Grove VFD.
A.
The site has access to Barnards Landing Road which is a public right-of-way. (S.R. 2323)
B.
The site is served by County sewer and community water.
C.
The proposed use will occur in an existing home.
D.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
There is sufficient space for parking for 1 employee and 4 off street spaces.
A.
A driveway with ingress and egress has been constructed in a manner to provide access without backing onto the
B.
public right of way.
There is an existing play area with a 6? high fence in the back yard.
C.
Outside signs for the facility shall not exceed 2 square feet. No sings are proposed
D.
Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and
E.
other applicable federal state or local codes.
No new buildings are proposed.
F.
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.
The subject property is located in an R-10 residential district.
A.
Child daycare facilities are permitted by special use permit in all residential districts.
B.
4. The Board must find that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general conformity with
the plan of development for New Hanover County.
A.The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed
for continued intensive development and redevelopment of existing urban areas. These areas are
class is to provide
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.
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B.Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children.
Planning Staff Concerns:
1) The subject property is approximately 12,000 s.f., the area inside the home dedicated to the child daycare is 850-900
s.f.
2) According to the ITE trip generation a 12 student daycare will create 10 peak hour trips, since the shifts will be
changing the actual peak trips could be twice that number. The ITE also shows that on average there would be
approximately 162 total trips generated per day by a 36 child daycare facility.
3) The size of the operation seems to be better suited outside of a small neighborhood. Limiting the number of students
per shift or the number of shifts should be considered.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 01/02/03:
The petitioner Jeane Finucan clarified that she was requesting a child daycare facility with two shifts with
a total enrollment of 17 children. She stated she planned to care for children whose parents worked the first or
third shift hours. No one spoke in support or opposition to the request. The Planning Board voted 5-0 to
recommend Approval as presented.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
g of Fm
S-496 FindinS-496 Pet Su
(4)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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Case: S-496, 01/03 Special Use Permit for: Child Daycare Facility in an R-10 Residential Zoning
District, 3 shifts of 12 children
(36 total).
PLANNING BOARD RECOMMENDATION 01/02/03:
The petitioner Jeane Finucan clarified that she was requesting a child daycare facility with two shifts with
a total enrollment of 17 children. She stated she planned to care for children whose parents worked the first or
third shift hours. No one spoke in support or opposition to the request. The Planning Board voted 5-0 to
recommend Approval as presented.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
The subject property is located within the Myrtle Grove VFD.
A.
The site has access to Barnards Landing Road which is a public right-of-way. (S.R. 2323)
B.
The site is served by County sewer and community water.
C.
The proposed use will occur in an existing home.
D.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
There is sufficient space for parking for 1 employee and 4 off street spaces.
A.
A driveway with ingress and egress has been constructed in a manner to provide access without backing onto the public
B.
right of way.
There is an existing play area with a 6? high fence in the back yard.
C.
Outside signs for the facility shall not exceed 2 square feet. No sings are proposed
D.
Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and
E.
other applicable federal state or local codes.
No new buildings are proposed.
F.
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.
The subject property is located in an R-10 residential district.
A.
Child daycare facilities are permitted by special use permit in all residential districts.
B.
4. The Board must find that the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity with the
plan of development for New Hanover County.
A.The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed
class is to provide
for continued intensive development and redevelopment of existing urban areas. These areas are already
developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within
the immediate future.
B.Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children.
Planning Staff Concerns:
a. The subject property is approximately 12,000 s.f., the area inside the home dedicated to the child daycare is
850-900 s.f.
b. According to the ITE trip generation a 12 student daycare will create 10 peak hour trips, since the shifts will
be changing the actual peak trips could be twice that number. The ITE also shows that on average there
would be approximately 162 total trips generated per day by a 36 child daycare facility.
c. The size of the operation seems to be better suited outside of a small neighborhood. Limiting the number of
students per shift or the number of shifts should be considered.
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Case: S-496, 01/03
Petition Summary Data
Owner/Petitioner: Jeanne Finucan
Existing Land Use: Residential
Zoning History: April 7, 1971 (4)
Land Classification: Developed
Water Type: Private
Sewer Type: County
Recreation Area: Arrowhead Park
Access & Traffic Volume: 22,000 CBR @ Monkey Junction (2001 ADT)
Fire District: Myrtle Grove
Watershed & Water Quality Classification: Barnards Creek C(SW)
Aquifer Recharge Area: Recharge area of Sandhill Aquifer
Conservation/Historic/Archaeologic Resources: None
Soils: Kureb Sand
Septic Suitability: Class I (Suitable)
Schools: Mary C. Williams Elementary
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 4.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-497, 01/03 Special Use Permit for: High Density Development for 264 Units in an
R-15 Residential District
BRIEF SUMMARY:
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved.
A.The subject property is located within the Ogden VFD.
B.The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major Arterial. (US 17)
C.The petitioner is extending County water and sewer services to the project.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A.A site plan which meets the requirements of the zoning ordinance has been submitted and reviewed.
B.County engineering has indicated that there is sufficient area shown on the plan to accommodate stormwater management.
Stormwater requirements and water and sewer will be reviewed when construction plans are submitted.
C.A Traffic Impact Analysis has been submitted and is under review by the MPO and DOT staff.
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.The subject property is zoned R-15 residential and B-1 Neighborhood Business.
B.High Density development is permitted within the R-15 district provided the land is classified urban transition and there is
access to a major or minor arterial. Residential uses are permitted within B-1 business districts by special use permit.
C.The project is adjacent to an existing Commercial Shopping Center and vacant residential properties in Greenview Ranches.
4. The Board must find that the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A.
The site is classified as Urban Transition by the New Hanover County Comprehensive Plan.The purpose of the Urban
Transition class 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. Residential development can exceed 2.5 units per acre within the Urban Transition area provided the development is
adequately designed to be compatible with existing and proposed surrounding land uses and is served by: City or County Sewer
B.
Housing policies in the comprehensive plan state that ?The County and City shall continue to support and enhance a broad
range of affordable housing programs and increase affordable rental housing.?
Planning Staff Concerns:
1)The primary concern for this project is providing a public road connection through the property to the west to support any
potential development in Greenview Ranches.
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2)Site access should incorporate recommendations proposed in the Traffic Impact Analysis (TIA).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 01/02/03:
The petitioner presented the high density site plan. No one spoke in opposition. There was extensive discussion regarding
access to the vacant properties to the west of the subject property. The MPO traffic coordinator presented his concerns and
recommendations. There was also discussion about the wetlands on the site. One Planning Board member questioned why the cypress
pond was not classified as a wetland. The petitioner explained that the cypress pond is a permitted stormwater management pond for
the adjacent shopping center. Ultimately the Planning Board voted 4-1 to recommend approval with the condition that the access
easement shown on the southern most part of the site be changed to a 50 foot public right-of-way.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-497 Finding of FS-497 Pet SumS-497 MPO Comments
(10)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Sent back to Planning Board by a 4-1 vote.
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Case: S-497, 01/03 Special Use Permit for: High Density Development for 264 Units in an R-15 Residential
District
PLANNING BOARD RECOMMENDATION 01/02/03:
The petitioner presented the high density site plan. No one spoke in opposition. There was extensive discussion
regarding access to the vacant properties to the west of the subject property. The MPO traffic coordinator presented his concerns
and recommendations. There was also discussion about the wetlands on the site. One Planning Board member questioned why
the cypress pond was not classified as a wetland. The petitioner explained that the cypress pond is a permitted stormwater
management pond for the adjacent shopping center. Ultimately the Planning Board voted 4-1 to recommend approval with the
condition that the access easement shown on the southern most part of the site be changed to a 50 foot public right-of-way.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Ogden VFD.
B. The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major
Arterial. (US 17)
C. The petitioner is extending County water and sewer services to the project.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A. A site plan which meets the requirements of the zoning ordinance has been submitted and reviewed.
B. County engineering has indicated that there is sufficient area shown on the plan to accommodate stormwater
management. Stormwater requirements and water and sewer will be reviewed when construction plans are
submitted.
C. A Traffic Impact Analysis has been submitted and is under review by the MPO and DOT staff.
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. The subject property is zoned R-15 residential and B-1 Neighborhood Business.
B. High Density development is permitted within the R-15 district provided the land is classified urban transition
and there is access to a major or minor arterial. Residential uses are permitted within B-1 business districts by
special use permit.
C. The project is adjacent to an existing Commercial Shopping Center and vacant residential properties in
Greenview Ranches.
4.The Board must find that the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity with the
plan of development for New Hanover County.
A.
The site is classified as Urban Transition by the New Hanover County Comprehensive Plan.The purpose of the
Urban Transition class 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. Residential development can exceed 2.5
units per acre within the Urban Transition area provided the development is adequately designed to be compatible
with existing and proposed surrounding land uses and is served by: City or County Sewer
B.
Housing policies in the comprehensive plan state that ?The County and City shall continue to support and enhance a
broad range of affordable housing programs and increase affordable rental housing.?
Planning Staff Concerns:
1) The primary concern for this project is providing a public road connection through the property to the
west to support any potential development in Greenview Ranches.
2) Site access should incorporate recommendations proposed in the Traffic Impact Analysis (TIA).
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Case: S-497, 01/03
Petition Summary Data
Owner/Petitioner: Andrew & Kuske for Cypress Pond @ Porters Neck LLC
Existing Land Use: Vacant
Zoning History: April 7, 1972 (8B)
Land Classification: Urban Transition
Water Type: County
Sewer Type: County
Recreation Area: Ogden Park
Access & Traffic Volume: 34,000 Market Street @ Bayshore (2001 ADT)
21,000 Market Street @ Futch Creek Road
8,800 Porters Neck Road @ Market Street
Fire District: Ogden
Watershed & Water Quality Classification: Smith Creek C(SW)
Aquifer Recharge Area: Primary Recharge area
Conservation/Historic/Archaeologic Resources: Natural Pond (50? COD Setback)
Soils: Rimini, Leon, Murville, Lynn Haven
Septic Suitability: Class I (Suitable), Class III (Severe Limitations)
Schools: Blair & Eaton Elementary
Trask Middle
Laney High
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 5Estimated Time:Page Number:
Department: County Manager Presenter: Dave Weaver
Contact: Dave Weaver
SUBJECT:
SECOND READING: Consideration of an Ordinance Banning Camping and Open Fires on the
North End of Carolina Beach
BRIEF SUMMARY:
At the Board's December 16, 2002 meeting, the first reading of the ordinance was approved 4-1, Commissioner Greer
voting no. A second reading is required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
o
R07-1.d
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct second reading. Consider adoption of ordinance.
COMMISSIONERS' ACTIONS/COMMENTS:
Continue to later meeting. Vote 5-0
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the Code of Ordinances,
County of New Hanover, North Carolina, is hereby amended by the addition of a new Article to Chapter 23, Environment, as follows:
Chapter 23. Environment, Article VIII, Ocean Beach Protection.
Section 482. Prohibited.
(a) Camping. It shall be unlawful for any person to camp, including, but not limited to the use of tents, sleeping
bags or trailers, on any ocean beach as defined in Chapter 59 Article II Section 34 Definition. Camping is prohibited
.
on all property adjacent to any ocean beach unless written authorization of the property owner is obtained
(b) Open Fires. It shall be unlawful for any person to have an open fire of any type on any ocean beach property.
Section 483. Penalty.
Any person who violates the provisions of this article shall receive a citation which subjects the offender to a civil
penalty of $100 for the first offense, $300 for a second offense and $500 for a third or subsequent offense. The penalty may be
recovered by the county in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after
being cited. Each day of a continuing violation shall constitute a separate offense under this article.
This the _______ day of _______________________, 2002.
[SEAL]
NEW HANOVER COUNTY
______________________________
Chairman, Board of Commissioners
ATTEST:
______________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 6Estimated Time:Page Number:
Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney
Contact: Kemp P. Burpeau, Deputy County Attorney
SUBJECT:
Consideration of a School Property Acquisition by the Board of Education.
BRIEF SUMMARY:
§
Under G. S. 115C-426(f), the Board of Commissioners must approve all contracts for purchasing school property as to the
amount to be spent for the site. The schools propose purchasing a twenty-five (25) acre parcel, and receive the donation of
a ten (10) acre parcel, for a total of thirty-five (35) acres, more or less. The property is situated off Murrayville Road near
the intersection with Rockwell. The property is owned by T. F. Holdings, Ltd. and is offered for $1,120,500 under the
proposed Buy-Sell with the Board of Education. The site would be utilized for construction of an elementary school. The
property would be purchased with funds the County has already budgeted and allocated to the Board of Education. I have
spoken with Dr. Morris with regard to joint use of the subject property for community recreational purposes. Dr. Morris
advised that there was no reason that would prevent us from exploring joint use.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Determine whether the proposed purchase price is appropriate, so as to authorize the transaction.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Yes.
REVIEWED BY:
LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Determine whether the proposed purchase price is appropriate.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the purchase price as requested by the School System 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 7Estimated Time:Page Number:
Department: Legal Presenter: Wanda Copley & Bruce Shell
Contact: Bruce Shell
SUBJECT:
Preliminary Resolution for Certificates of Participation
BRIEF SUMMARY:
New Hanover County will seek financing via Certificates of Participation to be sold March 12, 2003. The projects are for
Water and Sewer, the Federal Point Fire Station, Airport Improvements, and refinancing for the County Administrative
Annex. The resolution will initiate the financing with a request for a public hearing to be held on February 17, 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of the attached resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS
1. Approval of Minutes
Non-Agenda Items (limit 3 minutes)
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Water & Sewer Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda - Approval of Minutes
BRIEF SUMMARY:
Regular Meeting, December 16, 2002
Regular Meeting, January 6, 2003
Regular Meeting, January 21, 2003
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:
Consider minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of Application for a Joblinks Transportation Grant
3. Approval of Change Orders for the Judicial Building
4. Approval of Landscape Maintenance Contract for County (Non-Park) Facilities
Approval of Budget Amendments
5.1 #03-0116
5.2 #2003-24
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consent Agenda - Approval of Minutes
BRIEF SUMMARY:
Approval of the following sets of minutes:
Regular Meeting, January 6, 2003
Regular Meeting, December 16, 2002
Special Joint Consolidation Meeting, January 13, 2003
Closed Session, August 19, 2002
Closed Session, October 7, 2003
Closed Session, December 16, 2002
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:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Consent Item #: 2Estimated Time:Page Number:
Department: Aging Presenter: Pat Melvin, Annette Crumpton, Christine McNamee, Deborah Houston
Contact: Pat Melvin, Annette Crumpton
SUBJECT:
New Hanover Transportation Services requests permission to apply for and accept a $50,000
Joblinks Demonstration Planning Grant offered by the Community Transportation Association
of America.
BRIEF SUMMARY:
New Hanover Transportation Services (NHTS) requests permission to apply for a $50,000 Joblinks Demonstration Planning
Grant to develop a plan for implementation of employment transportation routes to address the needs of low income and
Work First clients in New Hanover County. Monies will be used to contract with a consulting firm. If awarded, the consultant
will (1) develop an inventory of transportation resources and employment transportation needs (2) study feasibility of a
"transportation resource center" within the local one-stop center at the Employment Services Commission (3) develop a
plan for implementation of employment transportation routes that meet the needs of low income and Work First clients.
Employment transportation is a critical part of a successful county-wide transportation system and this component is not a
part of the current merger study. The Joblinks Demonstration Grant monies will be used to fill this gap.
The Joblinks Demonstration Grant is a twelve month project and does not require a County match.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval to apply for and accept the Joblinks Demonstration Grant. Request approval of necessary budget
amendment if awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Monies will be used to contract work with a transportation consulting firm to study employment transportation
and develop a plan for implementation of transportation routes.
ATTACHMENTS:
Grant application available for review in the County Manager?s office.
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Regular Item #: 9Estimated Time:Page Number:
Department: Engineering Presenter:
Contact: Max Maxwell
SUBJECT:
Change Orders for the Judicial Building
BRIEF SUMMARY:
Several changes have become necessary in order to complete the renovations to the existing Judicial Building that were not
in the original budget. All of these changes were unknown until renovation construction uncovered these problems. 1) Mold
and water infiltration issues estimated at $129,000. 2) Lead paint abatement and wall repair estimated at $39,000. 3) Life
safety issues relating to additional fireproofing on structural steel supports that were never installed, estimated at $45,000
4) Additional professional fees relating to change order design and extended construction administration estimated at
$50,000. We also request a 10% contingency of $26,000 to cover any future unforeseen expenses as the project is
completed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve budget amendment # 2003-25 appropriating fund balance to cover the changes listed above.
FUNDING SOURCE:Appropriated fund balance ? general fund.
ATTACHMENTS:
ba2003-25.w
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 (This remained a part of the consent agenda, was not removed as anticipated.)
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Budget Amendment
DEPARTMENT: Judicial Building/Commissioners/Non-Departmental
BUDGET AMENDMENT #: 2003-25
ADJUSTMENT DEBIT CREDIT
Judicial Building
Transfer in from General Fund $289,000
Extended Project Expense $289,000
Commissioners
Appropriate Fund Balance $289,000
Non-Departmental
Transfer to Capital Projects $289,000
EXPLANATION: To increase Judicial Building project budget for changes that were unforeseen and discovered
during construction renovation.
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: 02/03/03
Consent Item #: 4Estimated Time:Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
Landscape Maintenance Contract for New Hanover County (Non-Park) Facilities
BRIEF SUMMARY:
The Parks Department manages landscape maintenance of County-owned facilities as a Contracted Service. The current
contract expires on January 31, 2003. Bids were solicited for a new contract, beginning on February 1, 2003 and ending on
January 31, 2005 (two years). Eleven (11) bids were received. A summary of the bids will be sent under separate cover. For
the purposes of this work, the County is divided into three 'Sections.' As a result of the bids received, it is recommended
that three separate contracts be awarded, one for each Section. The recommended Contracts (for the first year) are as
follows:
Section I: Scott's Lawn Care $22,320/yr.
Section II: Taylor Landscaping $38,628/yr.
Section III: TruGreen Landscaping $12,750/yr.
(Note: There is an automatic Three percent (3%) increase for the second year. This will occur in the County's 2004-2005
Fiscal Year).
The new County Jail will be added as an amendment to the contract for Section III once the facility is completed and on line.
The additional cost for this work will be negotiated prior to that time.
The total of these Contracts is $73,678. This is within the budgeted amount for the current Fiscal Year. The addition of the
jail will be add to this total, but will still fall within the current budgeted amount.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of the award of Landscape Contracts for County-owned facilities for a two year period, beginning on February 1,
2003, and ending on January 31, 2005, to Scott's Lawn Service: $22,320, Taylor Landscaping: $38,628, and TruGreen
Landscaping: $12,750.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Contracts and Bid Tabulation Sheet are available for review in the County Manager's office.
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
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Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/03/03
Budget Amendment
Consent Item #: 5.1Estimated Time:Page Number:
DEPARTMENT: Social Services- Administration/Crisis Intervention Program
BUDGET AMENDMENT #: 03-0116
ADJUSTMENT DEBIT CREDIT
DSS Administrative Grants $31,861
Assistance Payments $31,861
EXPLANATION: To budget additional State dollars for the Crisis Intervention Program. No additional County
dollars are required.
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: 02/03/03
Budget Amendment
Consent Item #: 5.2Estimated Time:Page Number:
DEPARTMENT: Tidal Creeks Capital Project/Engineering/Commissioners
BUDGET AMENDMENT #: 2003-24
ADJUSTMENT DEBIT CREDIT
Tidal Creeks
Extended Project Expense $18,330
Transfer to Engineering $18,330
Engineering
Transfer in from Tidal Creeks $18,330
Commissioners
Appropriated Fund Balance $18,330
EXPLANATION: To adjust Tidal Creeks Capital Project budget; Engineering operating budget and Appropriated
Fund Balance to reflect transfer of $18,330 from Tidal Creeks to Engineering to cover costs associated with
Sedimentation/Erosion Control employee. This transfer will cover costs through 12-31-02. Because this position
was already budgeted within Engineering's budget, this budget amendment will reflect $18,330 going back into
fund balance.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
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