HomeMy WebLinkAboutAgenda 2007 03-12
.AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, 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
March 12, 2007 1 :00 p.m.
MEETING CALLED TO ORDER (Chairman William A. Caster)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1: 10 p.m. 1. Presentation ofNe,,, Hanover County Service Awards 25
1: 15 p.m. 2. NOTE: item is 27
Introduction of Newly Hired County Emplovees
1 :20 p.m. 3. Public Hearing 29
Revision to New Hanover County Code
Section 5-4 Definitions: Animals & Fowl
1:50 p.m. 4. Public Hearing 31
To Consider a Resolution to Approve Landfill Vertical/Horizontal Expansion
2:00 p.m. 5. Consideration ofInterlocal Agreement with the City of Wilmington for the 35
Development of the Olsen Falm Park
2: 15 p.m. 6. Committee Appointments 37
2:30 p.m. 7.1 Public Hearing 65
Special Use Permit (S-570, 12/06) - Request by Duncan Marine Contractors,
Inc. for Colorado Coastal Development, LLC to Locate a 10-Slip Community
Boating Facility in an R-15 Residential District at "Seabreeze Sound" (36
Residential Lots on Seabreeze Road South)
2:50 p.m. Break
3:00 p.m. 7.2 Public Hearing 71
Text Amendment (A-355, 11/06) - Request by Staff for Zoning Text
Amendment for Article V, Creating Section 59.9 RFMU, Riverfront Mixed
Use District
3:40 p.m. 7.3 Public Hearing 97
1
Road Closure (SC-83, 01/07) - Request by James D. Smith for Ronald
Strickland to Close a Portion of Allen Avenue
4:00 p.m. 8. Meeting of the Water and Sewer District 101
5:25 p.m. 9. Non-Agenda Items (limit three minutes)
5:30 p.m. 10. Additionalltems
County Manager
Commissioners
Clerk to the Board
County Attorney
5:35 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.
4:00 p.m. 1. Non-Agenda Items (limit three minutes)
4:05 p.m. 2. Approval of Minutes 103
4: 10 p.m. 3. Acceptance of Right- of-Ways in Parmele Woods Subdivision and Common 105
Area/Green Space in Laurel Lea Subdivision for Public Dedication
4:20 p.m. 4. Consideration of Resolution for Condemnation for Water and Sewer Easement III
4:30 p.m. 5. Consideration of Bradlev Creek Outfall Line Rehabilitation Proj ect: 121
Amendment to Contract 07-0128 with HDR Engineering Services and
Approval of Associated Budget Amendment 07-154
4:40 p.m. 6. Consideration of Adoption of Capital Project Ordinance for the Bradley Creek 133
Outfall Line Rehabilitation Project A ward of Contract 07-0295 and
Approval of Associated Budget Amendment 2007-72
4:55 p.m. Break
5:05 p.m. 7. Consideration of New Hanover Countv 2006 Waste Water Master Plan Update 151
Amendment #2 - Professional Services Proposal for:
Pump Station 77 (West\vood) Force Main Improvements/Diversion
Pump Station 35 (Bradley Creek) Junction Box Redesign
Northeast Interceptor (NEn Value Engineering and Coordination Services
and Approval of Associated Budget Amendment 2007-73
5:20 p.m. 8. Adoption of Resolution Declaring a 3930 Ford Tractor Surplus. Approving 173
Trade-in and Purchase of a Ne,v Holland Compact Track Loader
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Approval to Amend Cape Fear Museum Ethics Policy 9
3. Authorization to Submit as the Provisional Countv Partner for Grassroots Arts 13
Grants
4. Adoption of Resolution to Appoint Chris O'Keefe as Map Review Officer 17
Approval of Budget Amendments
5.1 2007-64 Finance 19
5.2 2007-71 Sheriff's Office 21
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Agenda Review Meeting held on February 15, 2007 and the Regular Meeting and Closed
Session Meeting held on February 19, 2007.
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
Meeting Date: 03/12/07
Consent Item #: 2 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Approval to Amend Cape Fear Museum Ethics Policy
BRIEF SUMMARY:
Since the adoption of the Museum Ethics Policy in 2000, requirements have increased for stronger language defining
"conflict of interest". Specific wording is now required in order to compete for most government grants. To meet these
more stringent requirements, language suggested by the North Carolina Arts Council has been added into the Ethics Policy.
The Museum Advisory Board reviewed the document at their February 21 , 2007 meeting and recommended approval of the
proposed changes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to amend the Cape Fear Museum Ethics Policy.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
- SU21 ~ Ethics Policy ReI,' .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.
9
Ethics Policy
Approved by New Hanover County Board of Commissioners:
August 16, 1999 and January 27, 2000
STATEMENT OF PURPOSE: Cape Fear Museum collects, preserves and interprets objects relating to the history, science
and cultures of the Lower Cape Fear, and makes those objects and their interpretation available to the public through
educational exhibitions and programs. adopted by Board of Trustees 4.6.95 & Hanover County Board of Commissioners 5.15.95
THE MUSEUM BOARDS are dedicated to responsible governance which guides the museum's progress,
supports its mission, protects and invigorates the institution, and enhances its character, integrity and welfare.
All official actions shall be accomplished by the board (or, as provided for in the museum bylaws,) as a whole,
and not by individual board members except as authorized by the board. Board members shall respect the
governing documents, policies and practices thus established.
VOLUNTEERS are essential to the operation of the museum. They have a responsibility to the museum,
especially those with access to the Museum's collections, programs and privileged information. Access to the
museum's in-house activities is a privilege and the lack of material compensation for effort expended on behalf
of the museum, in no way frees the volunteer from adherence to the standards that apply to paid staff.
Y olunteers shall work toward the betterment of the museum and not for personal gain, other than the natural
gratification and enrichment inherent in museum participation.
MUSEUM STAFF are responsible to the director and implement the museum mission in daily operations. The
staff, including the director, must faithfully observe organizational standards and policies; help to protect and
conserve the museum's collections, facilities, assets and financial resources; and fulfill their individual duties
while recognizing, supporting and serving the interests of the museum as a whole. They shall conduct
themselves in a spirit of service to the museum and its audiences, and of mutual assistance, support and
cooperation with other staff and the board.
BOARD MEMBERS, VOLUNTEERS AND STAFF MEMBERS
General: Board members, volunteers and staff are expected at all times to serve the museum and its purposes, to
faithfully fulfill their respective duties, and to encourage goodwill and support for the museum. They shall strive
to ensure truth and wholeness in the content, nature and quality of scholarship and in all exhibitions, programs
and site interpretation.
Collections: It is intended that the museum's collections actively be managed according to established policy, in
a professional manner which improves the content and relevance to the institution's mission, enhances the
quality, ensures proper care and maintains the properties unimpaired for future generations.
Personal CollectinglDealing: Board members, volunteers and staff must refrain from knowingly competing with
the museum in acquiring objects within the institution's collecting purview, in accordance with the museum's
Collection Policy.
Appraisals: No staff member, volunteer or board members shall perform appraisals of objects donated to the
museum.
PolicylEthics. wpd
10
Personal GainlDiscretion: Neither one's association with the museum nor the museum's name, reputation or
property should be employed knowingly for personal use or advantage. Privileged information received during
museum service must be regarded with discretion and confidence.
Conflict of Interest: Board members, volunteers and staff must recognize the potential for issues of conflict of
interest which attends an institution such as Cape Fear Museum. All should take precautions to avoid even the
appearance of impropriety in the disbursement of funds.
If a potential conflict of interest arises, the board member, volunteer, or staff must disclose the potential conflict
to the appropriate governance authority. Further, the board member volunteer, or employee shall not vote on nor
participate in the solicitation, negotiation, formation, award, arbitration, modification, or settlement of any
contract or grant involving any funds or any dispute arising under such contract or grant when the board member,
volunteer, or staff stands to benetit, either directly or indirectly, from such contract or grant.
A board member, volunteer, or statT is not deemed to benefit directly or indirectly from a contract or grant if he
or she receives only the salary or stipend due to him or her in the normal course of employment with or service to
Cape Fear Museum.
Representation: The museum director or a delegated representative shall routinely serve as the museum's chief
spokesperson.
All board members, volunteers, and staff shall be informed of this policy.
I certi1y that this is the current Code of Ethics of Cape Fear Museum and that it incorporates the conflict-of-
interest policy.
.....--............................-...............-....-----...................... ....................---....-- .... ............... ........ .......---..............................-..--... .........----....-...- ...-... ...............-..--.-............."...............................---...................................- ..........................-..--
Executive Director Date
Sworn and subscribed before
Me on this the _ day of
............................. ............................... , 200.........
Notary Public
My Commission expires:
CAPE FEAR MUSEUM'S AFFIRMATION
I have read Cape Fear Museum's Ethics Policy in its entirety and hereby affirm that I understand and will abide
by its contents.
Signature Print Name Date
Relationship to Museum (Please Check the square{s) that apply.):
[ ] Staff Member [ ] Volunteer
[ ] Museum Advisory Board [ ] Cape Fear Museum Associate's Board
PolicylEthics. wpd
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Consent Item #: 3 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Authorization to Submit as the Provisional County Partner for Grassroots Arts Grants
BRIEF SUMMARY:
Cape Fear Museum requests to apply as the Provisional County Partner for sub-granting the funds designated to New
Hanover County for Grassroots Arts Grants.
Cape Fear Museum will serve as the applicant to manage the Grassroots Arts Grants distributed by the North Carolina Arts
Council to New Hanover County. CFM will request the $32,939 allocation for the County. Twenty percent of the grant will
be requested to fund administration and programming by the Greater Wilmington Arts & Cultural Alliance (GWACA), which
will co-administer the grants. The bulk of this money funds an intern who assists in administering the grant and provides
administrative support for GWACA by maintaining the web, membership information, and program planning. There is
sufficient work space at Museum for the intern. The remaining 80% of the grant will go toward sub-grants to arts
organizations, according to an approved competitive process.
The expectation continues to be that GWACA will apply for and be designated the County Partner for this program, when
revenues are sufficient to expand the hours for administration of ongoing activities. Until then, Cape Fear Museum agrees
to be the lead for managing the program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend County Commissioners approve application for funds, acceptance if funded, and related budget amendment if
grant is approved.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: The grant is expected to fund a UNCW Masters in Public Administration intern @ 10 hours per week. No
County cash match required.
ATTACHMENTS:
~
: : ~.:..:~~
7 0218Arts Grant FY08 -- NHC.xb
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
13
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
14
Grassroots Arts Grant FY08 -- I ProposCiI
__u_ I i
_..~ --~.,- I
Grant description Grant $ Match description Match $ Total
.---
Personnel 5383 600 5983
--.-- - --~
Intern Administrator __ 5,383 County grant administration 660
,----
Outside Fees & Services 27,256 26056 53,312
~956 sub grants I Sub-grant matches 26,956
u
$1200 GWACA Web & Ads I
Space rental 0 80001 8000
I "CFMuOffice Space 8000
--
Other 300 2000 2,30~
Office supplies/equip 300 GWACA contributions 2,000 ' --
I
-- 695951
32,939 36656
----- ...H__ -
f----- ..-.- '~'--'-
. ...
I
----...
---..--
I
f---------
i I
Cape Fear Museum GWACA Detailed Budget
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Consent Item #: 4 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Adoption of Resolution to Appoint Chris O'Keefe as Map Review Officer
BRIEF SUMMARY:
With the retirement of Dexter Hayes, New Hanover County needs to designate an additional Map Review Officer for the
review of plats. As the new Planning Director, Chris O'Keefe should be designated as one of the County's map review
officers, as noted in the attached resolution.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning staff recommends that the County Commissioners appoint Chris O'Keefe as Map Review Officer and adopt the
attached resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
Map Review Officer Resolution.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
17
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
(Amended)
The Board of County Commissioners of New Hanover County, North Carolina, does
hereby resolve as follows:
WHEREAS, the General Assembly has enacted new legislation codified as Section 47
30.2 requiring that every County appoint one or more review officers to examine and
approve plats and maps prior to recordation at the Registry of Deeds; and
WHEREAS, a review officer must examine and approve plats and maps to ascertain
mapping accuracy and consistency; and
WHEREAS, A Resolution was adopted by the Board of County Commissioners on
September 15, 1997 that for the unincorporated New Hanover County and the Towns of
Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review
Officers be Dexter Hayes, Planning Director; Billy Oakes, Land Records Supervisor; or
Sam Burgess, Principal Development Planner, and that for the City of Wilmington the
designated Review Officers are Benjamin Brown, City Surveyor or William Penny, City
Engineer; and
WHEREAS, the Planning Director for New Hanover County as of July 2006 is Chris
O'Keefe.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
that for the unincorporated New Hanover County that Chris O'Keefe, Planning Director,
be designated as Map Review Officer.
This the lih day of March, 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
Capital Projects
Consent Item #: 5.1 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 2007-64
DEPARTMENT: Finance
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Water and
Sewer District ordinance:
Expenditure Decrease Increase
Water and Sewer Administration:
Transfer to Capital Projects $791,320
Water and Sewer Administration:
Capital Project Expense-Water $306,000
Capital Project Expense-Sewer $485,320
General Sewer Capital Projects:
Kings Grant Upgrade $226,000
Replacement of Flemington Well $80,000
Abandon Creeks Lift Station $55,320
Oak Landing Lift Station Upgrade $100,000
Upgrade of Hinton Lift Station $50,000
Upgrade of Turtle Hall Lift Station $90,000
Abandon Tangle Oaks Lift Station $90,000
Upgrade of Suncourt Lift Station $100,000
Revenue Decrease Increase
Water and Sewer General Sewer
Projects:
Transfer in from Fund 800 $791,320
EXPLANATION: To move projects from Water and Sewer's operating budget into the Capital Project established to
accommodate smaller projects that will last longer than one fiscal year. This allows accounting for all costs of
Water and Sewer projects in one location.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
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Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
Consent Item #: 5.2 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 2007-71
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:
EXDenditure Decrease Increase
Controlled Substance Tax:
Supplies $3,309
Revenue Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $3,309
EXPLANATION: To budget Controlled Substance Tax funds received on 2/26/07.
ADDITIONAL INFORMATION: Controlled Substance Tax 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.
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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 25
1: 15 p.m. 2. Introduction of Newly Hired County Employees 27
1 :20 p.m. 3. Public Hearing 29
Revision to New Hanover County Code
Section 5-4 Definitions: Animals & Fowl
1:50 p.m. 4. Public Hearing 31
To Consider a Resolution to Approve Landfill Vertical/Horizontal Expansion
2:00 p.m. 5. Consideration of Interlocal Agreement with the City of Wilmington for the 35
Development of the Olsen Farm Park
2: 15 p.m. 6. Committee Appointments 37
2:30 p.m. 7.1 Public Hearing 65
Special Use Permit (S-570, 12/06) - Request by Duncan Marine Contractors,
Inc. for Colorado Coastal Development, LLC to Locate a 10-Slip Community
Boating Facility in an R-15 Residential District at "Seabreeze Sound" (36
Residential Lots on Seabreeze Road South)
2:50 p.m. Break
3:00 p.m. 7.2 Public Hearing 71
Text Amendment (A-355, 11/06) - Request by Staff for Zoning Text
Amendment for Article V, Creating Section 59.9 RFMU, Riverfront Mixed
Use District
3:40 p.m. 7.3 Public Hearing 97
Road Closure (SC-83, 01/07) - Request by James D. Smith for Ronald
Strickland to Close a Portion of Allen Avenue
4:00 p.m. 8. Meeting of the Water and Sewer District 101
5:25 p.m. 9. Non-Agenda Items (limit three minutes)
5:30 p.m. 10. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
5:35 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
24
time, the Board will move forward until the agenda is completed.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 1 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce Shell
Contact: Marlene Carney
Item Does Not Require Review
SUBJECT:
Presentation of New Hanover County Service Awards
BRIEF SUMMARY:
The following employees will receive Service Awards:
10 year: Genevi Francis, DSS, Social Worker
15 year: Helen Simmonds, DSS, Economic Services Supervisor
20 year: Rodney Driggers, Environmental Management, Pollution Control Specialist
25 year: Theresa Mathews, IT, Computer Operations Coordinator
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: The above listed employees will be invited to the meeting to be honored.
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present service awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented service awards.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 2 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce Shell
Contact: Marlene Carney
Item Does Not Require Review
SUBJECT:
Introduction of Newly Hired County Employees
BRIEF SUMMARY:
A list of employees will be provided prior to the meeting.
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:
Recognize new employees.
COMMISSIONERS' ACTIONS/COMMENTS:
The item was withdrawn.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 3 Estimated Time: Page Number:
Department: Health Presenter: Dr. Jean McNeil, Animal Control Services Manager
Contact: Dr. Jean McNeil
SUBJECT:
Public Hearing
Revisions to New Hanover County Code, Section 5-4 Definitions: Animals & Fowl
BRIEF SUMMARY:
At its regular meeting on February 7,2007, the Board of Health voted to recommend revisions to Section 5-4 of the County
Code. The suggested changes regard control of dogs as enforced by Animal Control Services (ACS). The recommended
revisions have been reviewed and supported by County Legal, ACS staff, and the ACS Advisory Committee. The
suggested changes are underlined.
CURRENT: Sec. 5-4. Definitions.
Restraint means the state of a dog if it is controlled by means of a leash, or is on orwithin a vehicle being driven or parked,
or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., hunting,
obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those
legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like shall not
constitute adequate security under this chapter.
PROPOSED: Sec. 5-4. Definitions.
Restraint means the state of a dog if it is controlled by means of an attended leash, or is on or within a vehicle being driven
or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g.,
dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement
training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the
property of its owner. Ropes, chains and the like are prohibited for any purpose under this Chapter.
ACS received a customer complaint regarding wording of the tethering ordinance. Staff met with the ACS Advisory
Committee and the individual to review potential changes to the law. The committee suggested the proposed changes
based on recommendation of Kemp Burpeau, Deputy County Attorney. The changes reflected should eliminate any
uncertainty in understanding the intent of the law.
The committee felt that the ordinance should be maintained and revised for better clarity. They believe that New Hanover
County should keep this law in place for the continued protection of the dogs in our jurisdiction. The proposed method of tie
out was not deemed acceptable by the group. It also would lend itself to citizen misunderstanding and abuse of the
intended protection measures against tethering.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To accept and approve the revisions to the New Hanover County Code, Section 5-4 Definitions: Animals and Fowl.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
31
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct public hearing and consider revisions.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Greer opposing. Since the vote was not unanimous, a second reading will be required.
32
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 4 Estimated Time: Page Number:
Department: Environmental Management Presenter: John Hubbard
Contact: John Hubbard
SUBJECT:
Public Hearing to Consider a Resolution to Approve Landfill Vertical/Horizontal Expansion
BRIEF SUMMARY:
Staff is proposing a modification to existing landfill Cells 2 through 6. The current permit limits elevation of those cells to
100 feet. The vertical expansion would extend the elevation to 170 feet. Because this increase in capacity exceeds 10% of
the existing permitted capacity, a permit modification must be submitted. Part of this request includes horizontal expansion
to an area north of the current operating cell, which will be referred to as Cell 6E.
In addition to review and approval by the Board, we are required to hold at least one public hearing. A copy of the
resolution from this hearing will be included in the site study that will be submitted to the North Carolina Department of
Environment and Natural Resources.
Since the vertical expansion is placed on existing cells, there will be no up-front construction costs. This vertical expansion
is estimated to add three to four years of life to the already-permitted portion of the landfill. Funding for construction of Cell
6E will be requested in the future as the space is needed. Funding for closure construction on the existing cells, once the
new elevation is achieved, will also be requested in the future.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board conduct the public hearing, review the information, and adopt the attached resolution to
move forward with this expansion.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: No funding is requested at this time.
ATTACHMENTS:
~
resolution. vertica!e:xpansion .doc
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
33
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct public hearing. Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
No one signed up to speak at the public hearing. Approved 5-0.
34
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County owns and operates a secure landfill located in the
northwest section of the county;
AND WHEREAS, the life of the existing landfill depends on measures to either limit the
amount of waste deposited or expand its capacity;
AND WHEREAS, expansion of the current landfill capacity can be achieved by
extending the height ofthe permitted area and horizontally expanding into an area north
of the current operating cell, referred to as Cell 6E;
AND WHEREAS, the current permitted Cells 2 through 6 are limited to a 100-foot
elevation;
AND WHEREAS, by expanding the permitted height of Cells 2 through 6 to
elevation170 feet and horizontally expanding to Cell 6E would add significant capacity to
the landfill;
AND WHEREAS, this expansion requires a permit modification because it is 10%
greater than the existing permitted capacity;
AND WHEREAS, North Carolina Solid Waste Management Rules, 15A NCAC
13B.1618 requires approval by the New Hanover County Board of Commissioners for
this permit modification;
AND WHEREAS, North Carolina Solid Waste Management Rules, l5A NCAC
13B.1618 also requires at least one public meeting to inform the community of the
proposed waste management activities prior to approval of a permit modification;
AND WHEREAS, a required legal advertisement and public notice have been issued to
inform the public that the March 12, 2007, Board of Commissioners meeting will satisfy
the requirement for a public meeting to present the proposal for a vertical and horizontal
expansion of New Hanover County's Secure Landfill;
AND WHEREAS, no new construction nor initial funding is necessary for the vertical
expansion of Cells 2 through 6;
I
35
AND WHEREAS, a construction permit and funding for Cell 6E will occur as the space
is needed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New
Hanover County that approval for a vertical expansion of Cells 2 through 6 from
elevation 100 feet to elevation 170 feet is granted. Additionally, approval for horizontal
expansion to Cell 6E is also granted.
This the 12th day of March, 2007
NEW HANOVER COUNTY
William A. Caster, Chairman
Board of County Commissioners
ATTEST:
Sheila L. Schult, Clerk to the Board
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 5 Estimated Time: Page Number:
Department: County Manager Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
Consideration of Interlocal Agreement with the City of Wilmington for the Development of the Olsen Farm Park
BRIEF SUMMARY:
One of the Joint City/County projects identified in the 2006 Parks Bond Referendum is a proposed softball/baseball
complex. City and County staff have identified a suitable location and are completing the negotiation of terms on behalf of
the governmental entities. Staff now brings the attached interlocal agreement to the elected bodies for consideration. The
agreement details the terms that have been negotiated and sets forth the responsibilities of the City and the County to
develop and maintain the complex, to be named the Olsen Farm Park. The draft Interlocal Agreement will be given to you
by the Thursday staff meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of the interlocal agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
37
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38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 6 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed for the following:
Cape Fear Public Utility Authority
Industrial Facilities and Pollution Control Financing Authority
Nursing Home Community Advisory Committee
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information and Applications
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
The following appointments were made:
Cape Fear Public Utility Authority: Vice-Chairman Greer appointed as County Commissioner Representative;
Three at large members appointed: John R. Andrew, Kathryn L. Johnston, Burrows G. Smith
Industrial Facilities and Pollution Control Financing Authority: Thomas L. Dodson and R. Hill Rogers reappointed;
Brian McCormack appointed
Nursing Home Community Advisory Committee: Mary Ann Lewis reappointed
39
This page intentionally left blank.
40
COMMITTEE APPOINTMENTS
CAPE FEAR PUBLIC UTILITY AUTHORITY
The Water Sewer Advisory Committee is recommending that
appointments be made to the authority.
Membership should consist of the following:
3 at large members chosen by the Commissioners
1 County Commissioner
3 at-large members chosen by City Council
1 City Councilman
1 member jointly appointed by both boards
Terms: Initial members shall have terms expiring three years, two years,
and one year respectively. After initial term, each member shall be
appointed for a three-year term.
APPLICANTS:
John R. Andrew, PE - current member of Water Sewer Advisory Committee
Brian Berger
Richard C. Buggein
John Hinnant, III
Matt Hunter - current member of Water Sewer Advisory Committee
Kathryn L. Johnston - current member of Water Sewer Advisory Committee
Hugh O. Stewart
Burrows G. Smith
Attachments:
Applications
41
JUN-22-2005 12:19 From:RNDREW CONS ENGINEER 9102025558 To:910 798 7145 P.1/1
~.:.
; . - -
.
U
New Hanover County
Board of Commissioners COMMITTEE APPLICA nON
320 Cbcs.tn.ut 51rcct. Room 305
W,lmmllO', NC 2~401-4093
Tol'phon,:(910) 791.7149 ~ p~ tJ.D.J:j ~
F.x: 798.7145 C-~
Board/Committee: New Hanover County/City Water/Sewer Authority-{~W\.~
Name: John R. Andrew, P.E.
Home
Addr~s: 5910 Cedar Landing Road Wilmington, NC 28409
----
(Str.ot) ICilY) (Zip Codo.
Mailing Address ifditTerent: 3175 Wrightsville Avenue, Wilmington, NC 28403
Home Phone: (910) 392-7111 Business/Work Phone: (910) 202-5555
Years Living in Racc: Caucasion
New Hanover County: 38 Male: Female: Age: 64
- -
(lnfermptiop fOT the purpolt' of uuuring. tross Hction or the community)
E I Andrew Consulting Engineers, P.C.
mp oyer:
(A penon ("urunU)' emploYf'd b~ thr agene,' 8T dcpntmcnt for whicb th;s appli.caHon is made, must resign his/her position with New H ano\'cr C OUDI)'
upon .ppolntment. In an:ordantt' with Article VI, SCc:tiGD 4 of the- NC'W n.nov['r County PenGnncl Policy.)
Job Title: Professional Engineer
Professional Activities: Fellow, Prof. Eng. N.C. ; Past Charmain N.C. Building Code Council
Volunteer Activiti~: Layreader, St. John's Episcopal; Chamber of Commerce (Past President)
Wb d . h t th" b d/ .tt? My knowledge of design and operations of water anei
y 0 you WIS 0 serve on IS oar eomnu ee.
sanitary sewer systems would be helpful, including knowledge of the local area.
Conflle! or Inl.r..t f. bowd member believes hfl/3he has 8 conffict or polen/isl cDnffict of interest on a particlIlar fssue. thai membsr should stale rhis befiefto lhe other
tnembers of hi! I he, ",sped",. board during. public me.tlng. The member should s/ete the nsture of the conflict, de-Isiling that hc/she has IJ sepe,elo. pr,lIate or monetary
interest, .,./tte, direct or indi,ect, jll Ihe iuue untl.r cotlsia.rIHiofl. ihQ memb.r ,hould rhlm t;.ll:CUS. himself I herself trom votil1g on the ms fle,
\
What areas of colltern would you like to see addressed by this committee? Insure operations are professionally
run and economically managed.
Q l"n ti f "Past town engineer for Wallace, Beaufort, Fairmont; designed municipal
ua I Ica ons or servlDg:
water' sanitary sewer systems
Other municipal or county boards/committees on which you are serving: Lower Cape Fear Water/Sewer (Past
Member) ; NBC Ground Water Committee; Housing Authority (Past Member)
List three local personal references and phone numbers:
1. Parks Griffin (910) 763-7191
2. Lewis T. Nunnelee, II (910) 799-3011 JUN 22 2006
3. Al Butler, II (910) 762-1908
Date: June 22, 2006 Signature:
~~ ::2-/ ~~/O llic Te'r'crn sidC'. for addilional com mcn ts
42
[E tG IE ~ ~ [E
New Hanover County ~ ,,<om..' c...., D,'"
Board of Commissioners COMMITTEE ltAi~N2 u' 75
2007 . . gton, NC 28403
pone: (910) 798.7149
ax: (910) 798-7145
Board/Committee: Cape Fear Public Utility Authori ty "
Name: Brian Berger SD or COMMISSIONERS
Home
Address: 527 Commons Way Wilmington 28409
(Street) (City) (Zip Code)
Mailing Address if different:
E-Mail Address: brianberger56@yahoo.com
Home Phone: 431-3115 Fax: Cell: Business:
Years Living in 4 Age: 30
New Hanover County: Male: '" Female: _ Race:
(Inform atiou for tbe purpose of assuring a cross section of tbe community)
Employer: SAR, Inc. (Consulting)
(A persGD currently employed by the agency -or department for which tbis applieation i~ made, must resign his/her position with New Hanover C DUUty
opo>> appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy..)
o f Public Relations, Marketing, Public Policy and Business Management
ccupa IOn:
Professional Activities: PR Society of America, American Marketing Association f
Volunteer Activities: special olympics, firefighting/ems
Why do you wish to serve ou this board/committee? see attachment
Conflict of Int.rest: H a board member believBs he J she has a conflict or potential conflict of interest on a particular issue, that member should state this beJiefto the other
members of his I her respective board during a public meeting. The member should state the flature of the conflict, detailing 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 like to see addressed by this committee? see a ttachmen t
Q""a!i!kathms fer serving: Expertise in public policy and communicating programs and goals to the
p!.Jblic ~ SOUl"'.d judgement to facilitate long-range planning and generate buy-in from
n 1-
Otherrrn~_n;(";pgl (W t~..HInt:' hf)~r(h:/~~(H'nrnH1~e~< f:~n ,-vhh3r Y(~H f~T~ ~~~"""il[tg~ fa
~-i~~ fh-y,n,a tf)o,-~");f -n~Yj[c-~~"l'~ ~.::l..fo.~-'~:lf;"r-a~' -")!-n...i ~hf"l;~G n"!'~T!r'Ih~~f'~
~-_.- --~~ -- -~. --- r--" ";-~-~~ ~ -- ~--;.. '-~~---_.. ""--~....;.. r':':"-.-~-- -~-;..;"~'-. ~- ...
1. A/J 6 .-?-'//'tt::. 6~b - 77"k1
., ~'f ~~;/ 2u() ~ 6 ~rt'Y
3. ~ &h.....-L~ ") '1 '1-5 (6-Y
Date: S -1-- ~c.tl7 Si~nature: /-- ~
Applicaiiviis an, kepi vii fik fUi" 18 mvnt.h1i J1Si; n::;,' i;rn iii(U,~ {Ol iiuditiOniil i;viii meDilS
43
The Cape Fear Public Utility Authority is poised to playa major role in facilitating growth
within New Hanover County and the Cape Fear region, and determining how this growth will be
funded. New infrastructure is needed to make some undeveloped or under-developed tracts more
attractive for development, while much of the existing infrastructure is in need of repair or
replacement. Downtown Wilmington is served by aging pipes, some dating back almost a
century, and in Downtown and throughout New Hanover County, capacity demand has exceeded
the infrastructure's ability to meet this demand.
The result has been occasional ruptures and leakages that have polluted sensitive waterways and
damaged the area's quality of life and reputation. It has been said many times "the fix" will not
be cheap.
Every homeowner and renter in New Hanover County is looking at rising water and sewer rates,
yet many of these residents are on fixed incomes and very limited incomes. Those struggling to
stay in New Hanover County will be further taxed by the increased rates the Utility Authority is
certain to enact to pay for an estimated $400+ million in looming expenses.
The general public and New Hanover County taxpayers should be represented on the Public
Utility Authority that will determine the rates citizens are charged for utility usage. As an initial
member of the Authority Board, I would emphasize developing from its inception a philosophy
that treats citizens as "valued customers." This is a particularly important with an Authority
removed from the election process and direct citizen control.
Equally important is the development of transparent operations and a commitment to active
outreach and information sharing. My experience and aptitude in public relations and
communications will be beneficial in establishing the Authority as a credible organization.
a be'Be<'"
44
Mar-01-07 11:06A BUGGELN 8604301018 P.02
New H~LR()ver Cuunty .' 'i U Ci"":C~IIIl)'L'II\ r:l'lll1.:1 DlJ\"!,:
Board of Commissioners COMMITTEI'; APPLlCATJON ~II he I',' ~
V.:i1millgloll. ,..( 2~411:,
1'(";I('rhQI\c: (c) Itl) 7l')Jj~71..:t!J
r:nx: {')'O, "/')1'-'7\..,
Bonrd/(: ntn lIlil let': Cape Fear Public Utility Authority
. ... .- .-., .~
N:lllle: Richard C. Iluggeln
---.- ....-..--. - -~.-
Home
Add,'ess: 1719 Verrazzano Drive Wilmington 28405-4227
- ..-.....---- .....
l:srn'l'rl (City) 1/,11; ('(Ide)
M311111f~ Address if differenl: ..... .--
E.Mail Add"ess: rcbuggeln~ec,rr,com ~ u ~.:J':=r_'l.L
o. .. ..M. ---
Home Phone: 509-1792 Fax: 509-1792 Cl'II: 232-0710 Business: .232 ~"I~
-_. _.-
V earl 1,ivin~ i~ :3 Cau~.:.~.~.'::'_____ Age: ~ ___
New H:movl'I' ("oullty: Mole: ./ Female: RlII'C:
- -~_._. -_.- --
111,h~rflt Illiull fur' Itll' ffUl')II"1: Ill' ~tn1l1'i"1!; II r rille:\: 'U'C"li.HI fll rlh. ~'UlII'\'\4I1i'.r)
E",pluyer: Self-employed subcontractor to Northrop Grumman Corporation
f ^ prr""l\ ("It '.'.1111.... nn"lu,HlI b.'t' fh... nl; "II\.~' v r dl"I'~rlltH.ftl rur nhidl IlIiJ 1l",lIiCoOIl;Ull il mudc. mUl't rl"jI;i~n his/h"I' t1tl.u,lhll ~ I,h N ,.'ft H.'1C1\1cr t'VUII'~
Uf"'" 1lIIIIointnH'lu. it! )1 rrnrd.lnt't' ",ith .\f ,ira,. V I. Scr ,if.1I oJ. nr 'he- Nt\\' Ii ~'H.",'r <: VHtlt." t't'"unm:l 't-ulic:,..)
Occuplltion: Research Engineer
---.
rrofts~iunlll Activities: Member of ASHE & AlAA - professional engineero.ng soc::~et~es
-- _.n.. ..-..
Volulltecr Activllics: President-Hobby Greenhouse Club; Master Gardener Program
.....--- .....--.
Why do YOIl wish Ifl serve 011 Ihis hOI\rdll~ommill("'? I feel that with my background in fluid dynan\ics &
... . .__.. .---..
computer (IT) and organi~ational skills that I would be able to contribute to the board.
.... - .... .
COI1(f1e.f G(tnttrnr. fa funucJ mf!mb~r I.Jltilero'f!':; tie I ~h~ h:u " conlllet or porenlrJ/ crmJlrr.t flf ,n.'nrn"~1 tI/'l .a Nrr'CI,f(i( l,s$.(,/t-. 111~1 NlC-'r,ut"f ).;Iuuld :;'.'1: Ou: beJj~, Ie Ih~ other
molll"llb~rs of 111,/11., "':~P~tltilll: U<.Io:trrJ cJJ.:J inti i:l pt;uf~c 'n eo~'inp Th~ me-mber ::noulO ::r."C! !fit: n,"uf't" nt ,onll ~()""'Jr" Clel~ilil1D Mat 11t'/.::.f.'C' Jld ~ a s~f.Jaltdt' ptj"",~ er MOrfe-t.ary
JM'lrflst. f1irl'tt?r rj;(f)tl Vf j:'V'ff:<l,;!. ii' rlje' !O~'''It' ..Jt.'tJt'.' r;;)/.':;Ic!er:3!IOrJ T!Ir: :!! ember ::"ou1rllhefl' r:Xr:IJ!,r, /llm,HIIII "&of$,,/I tr'"1l "O/',.'!) 1.1/1 flIt" ml:ttrt"f
Wllal arClIs of \,oncc.rn would you like to see adlh'essed by this cORlmittee'! (1) Improving the rel iabili ty of
-.--
the sewer system, (2) Planning for future growth '13) getting value for $ for the taxpayer
---_.. . .--. -- _. --~..-
Qualilkntiolls j'nr ..ervilllo\: 1 alii an angineer with a graduate degree and 40 years of ex.perienee
.. ....-.. -.... -.--...-
in research in fluid flow. I have numerous publications in technical journals
._- . .. ._._n' _.. . - ._.~
Other mlllli<'il'lIl 1"- l'uuDly bO:lrds/committees on which you ~re se"'ing: ~~_':~ ....-
--_. .....~..._~_.~ ._... .... --...
List three lfl~1l1 )"lC'-HmllJ rcfcrcnce.s and phone numbel'S:
1. Matthew Hunter - 232-0304
....- ._-- -_.. ...- . ...
2, Joan Boyer - 798-2122
... ----.. ~... . ...-.-.-.. ---
J. Edward P_O~~.:--=--799-4410_____._.. .-----.-.--.....-- ..... -
DlHe: February :28, 2007 SigulIlure: _~ t. B
_. _. ..-.-----
,'\pfllicOIhlllJl'i lire k~JIt UfI flit 1'11' 1ft nwulh"
45
19103130319 BULLARD SHACKE~FORD PAGE 02
03/01/2007 17:34 .-- - -
New Hanover County 230 Government Cc1ller Oriy'e
Board of Commissioners COMMJlTEE APPLICATION Su.te J 7~
-= WO"'inglon,t-IC 28AO.l
l<i.phone, (910) 798.7)49
Fox, (910) ?98.71A5
Board/Commhtee: Cape r.ar Public UtiH.ty Authority
Name: John Hinnant, III
Home
Address: 219 North 23rd Street WilJDingt:on 28405
(Street) (City) (Zip (~od.)
Mailing Alldl'cs! it'dlfferent: '-',
E-Mail Add~lS: john013g@bel18out:h.nat
Home Phon,; 910-763-3896 Fax; 910-313-0319 Cell; 910-313-0333 8us;n~$S: 910-313-0333
Year 8 LiviJlg in 36
New H.anover COllftty: Male: " .female: Race: CaUcalli.on Age: 36
- --
(Jnfo,.,.lIIU.1l fOf lh~ pu.rpou' or .~"u.rln~ _ crot! a.c:li.n o( I_r ,....,UtlUy)
Employer: Bullard . Shackelford RitaJ. Elrt.ate Appraisal S4Jrviees
(A ptr..., tUrrenlly ..pl.yed by 11.0 ""oney 0.. dop.rl"o.. r.r "'''ie'' Ibl. .ppliullon I. ........ ..... rr..I~11 bisllt.. pollb.. .'Ib N.... 1Ilnovo. C OUOly
apOh .PPoln'.e"t, In &tterd.nl't ",Ub Ar'dc~ VJ, Sec:li.n' .( the Ne..lJ..noY~r C .....t,. Pe,,,onMI relky.)
Occupation: Real Estate Appraiser
Pl'Ofessianal Activities: Wilm. :Regional Assoc. of ReAlt:or8 - ApprAisal Counc~1
Volunt~r Activities: W.ilmington Downtown, rnc, Youth Soccer Coach - Cape Fear Soccer Assoc.
Why do Yllll ",i!h to senre an this board/committee'! '1'0 assist. in the public outr.ach and educa.tion of
rolea/ZOWlsponlil:i,]:)il.i.ties o~ the Aut:hority lUld fut.ure d8ve1opmant: rules.
CQltfJfct of hlt.,...t" ,,, bDart1 membDr DeJI9V'$ he I r.h~ h.S" e ~',"'''ct 01' POtJIMtioJ r:onff'C! or., ferHt OJ; EiI p8rli:;Uler '~!lue, thot rnombe, ,houlrs ~~.,,, tills belle' rO ft. orner
/rIQmb&r= at "'$III"r I'etlp.crIVi; board (JurIng EiI DUbUc m "fing. The mCmbff .tlroult1 0/". tlte ,,,ulIre Orrn& canf/Jet, otlfa",ng that ".18h1~ hat D l:Ocperere, prl'fllm or 'DOne-lary
Inl.reat, elM., t1Jf.r:t or Indirect, ;f! IPi. IUIJ6 U/lder C'OftS/IJ9f1'ioll. 1'1t$ member !:/Iofl#(J than e ~1I$9 hlma elf / hflt"SfJl1 from t/otJPg on Me> mill rt.er.
What areas of concem "ould you like to see ...ddressed by this conunlttce? More proacU va collaboration "i th
developers.
--
QuaUftcatiOD! for se.....mg: Frequ.ncy of working wi t.h developolll:t:'s and .in eatabl.i.shed n..1.ghborhoocis.
tJnderliltand.ing cost. va. value.
Other municipal or county board,/committees 01\ which you are seJ"'lng: Parking Advisory Commi.ssion(OS/2001-
01/2006) Wi.lmington Downtown, rnc 12000-p:t:'esant) I WRAR Appraisal Council (Vice Chairl.
Li,t three local penonal reference! and pho,," numbers:
l.. Don .Ilri t:t. I a ttorneyl - 762-2697
2. Lawr.noe Craig - 915-0085
3. ~ura Padq.tt (w.i.lm.ing-ton City Council) - 341-7815
-~y~
Dlde: Mareh 2. 2007 Signature: ~.~-~c. ~._' .....(. -: h
Appll('jl1Dna an krpl 0" flk for 18 .o.nlh, /// l'sr r~Vl!'rw.t ,jdt for a.ddhioAal Cft..".~nts
46
03/01/2007 17:34 19103130319 BULLARD SHACKELFORD PAGE 03
Qualifications
John Hinnant
219 North 23m Street
Wilmington, NC 28405
Phone: (910) 619-3430
Email: johnOI39@bellsouth.net
LICENSES
N.C. Certified Residential Appraiser #A6167
N.C. Real Estate Broker #233411
EDUCATION
2005 G-3, Applied Income Property Valuation, West Appraisal Schools, Zebulon, NC
2005 G-2, Applied Income Capitalization Procedures, West Appraisal Schools
2005 G-l, Introduction to Income Producing Property, CFCC, Wilmington, NC
2004 North Carolina Real Estate Broker Licensing Course, the Market Place
Academy, Wilmington. NC
2004 North Carolina Real Estate Fundamentals Course, the Market Place Real Estate
Academy
2003 15 Hour USP AP Course, Realetech. com, Wilmington, NC
2003 R-3, Applied Residential Property Valuation, Realetech.com
2003 R-2, Valuation Principles and Procedures, Realetech.com
2003 R-l, Introduction to Real Estate Appraisal, Realetech.com
1993 Bachelor of Science, History, Lees-McRae College, Banner Elk, NC
1992 Associate of Science, Lees-McRae College, Banner Elk, NC
MEMBERSHIPS
2004-07 Wilmington Regional Association of REALTORS
2004-05 Appraisal Institute - Associate Member
WORK EXPERIENCE
2006- Independent Contractor - Certified Residential Appraiser
Present Bullard & Shackelford Real Estate Appraisers
Wilmington, NC
2004- Trainee Real Estate Appraiser, Bullard & Shackelford Real Estate Appraisers
2006 Wilmington, North Carolina
1998 - Owner/Operator, Underground Sandwich Shoppe
2005 Wilmington, NC
47
~[u: [E ~ ~ (~ ~
New Hanover County r:,
Board of Commissioners CO~TTEEAPPUCATION
320 Chestnut Stree~ Room 305 JUL 3 1
Wilmingron, NC 28401-4093
Telephone: (910)798.7149 p~ ~
Fax: 798.7145 ~ ~ . l.l:ti1.d.z;'
NEW \WIOVER CO
Board/Committee: Water/Sewer Advisory Committee_ ~ BD or C0MWSSIONfRS
Name: Matt Hunter
Home Wilmington NC 28412
Address: 4501 W. Cascade Rd.
(Street) (City) (Zip Code)
Mailing Address if different: N/A
Home Phone: 910-392-1803 BusinessIWork Phone: 910-232-0304
Years Living in 23 Caucasion 51
New Hanover County: Male: .,. Female: Race: Age:
- -
(1lIformatioD for the p.rpon ofassuriala crolS section oftbe community)
Employer: Advanced Investment Resources, LLC
(A person currently employed by tbe agency or department for which this application is made, must resign his/her position with New Hano",erCounty
upon appointmeDt, in aceordance with Article VI, Sec::tion 4 of the New Hanover COUDty PenOllDe] Polky.)
Job Title: Manager-Member
Professiooal Activities: Manage family residential rental business.
Volunteer Activities: President - Tidewater Camellia Club
Why do you wish to serve ou this board/committee? Primarily civic duty. My background fits this board
and the county's need is very great concerning current sewer problems.
Coni/itt of Int.,,,.t: I a board member believ&s he / she has a conflict or potential conflict of intersst on a particular Issue, that member should state this belief to the other
members of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private Of monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse himself I herS&1f from voting on the matter.
What areas of concern would you like to see addressed by this committee? The new authority must be effective
at both technical and customer service functions in our rapid-growth county.
Q l'fi t' ~ . as Engineering (1983) , UNCW MBA (1989) , several years engineering
ua I lca Ions or serving:
cognizance over many systems at BNP including Potable Water & onsite Sewage Treatment.
Other municipal or county boards/committees on which you are serving: NONE
List three local personal references and pbone numbers:
1. Dan Dawson (Engineering/Consulting) 762-0766
2. Huqh Stewart (Engineer/Business Entrepreneur) 367-0816
3. Joan Boyer (TeaCher/Gardener) 798-2122
Date: 7hCJ~b Signature: ~~
-
Applk.tioDs are kept on file for 18 months :::J., / ::L8/o 7 Un reverse side for additional commellts
~;f:!-~
48
Ma r. 1 2007 12:39PM Am e r I car Property Experts No. 0172 p, 1
New Hanover County 230 Government C$nter Dri",o
Board of Commissioners COMMITTEE APPLICATION Sui,. 17'
WHm'i\8'.Il, NC 2&4~3
:) .oloph...e: (910) 79&.7149
Fa~: (910) 79&-11H
Board/Committee: Cape Fea.r Utilities Authority - CC~ ~
NlIme: Kathryn I., Johnston
Home
Addl'ess; 3530 Aster Court Wilmington, NC 28409
(SI'.OI) (Clry) (Zip Codo)
MlIiling Address if different:
E-M ail Address: ka thryn~am8ric;limpropert:yexperts ,com
Home Phone: 313-0006 Fax: Cell: 193-1460 Business: 793-1460
Years Lilling in Male: ~ Female: ./ Race: Caucasian Age; .37
Ne\\' HlIlIOver County: 11 years
(IDfot'me.li.on Cor tbe pllrpOBt or laau.Ti"~ I croll section oflbe CQlI1munJty)
Employer; Amerio~n Property Experts
(A pUllan cut'rentl)' t:mp~oYtd by rhe .renc)' ar dcplrlmeftt rorwhidllf:bh .ppUnliQllla .at.adr>, must reelen hil/bet po,aian. w~rh New Haa,ovtr County
up.n app.l. 1m'" I, in ....rdue. with Arl.el. vr. S.etl.. 4 .llbe New H.nover C....I)' P......D.lP.lley.)
Occupation: CFO
Professionsl Activities: see a.ttached resume
Volunteer Activities: see attached resume
Why do YOll wish to serve on this board/committee? To help ensure stable infrast.uoture for a healthy
environment in the most efficient and effective way for our continued growth , viability
conm" of ""ore.' , 0 boora member boli.ve. heJ she h.. 0 eonlUel.r pOlonllol condlctol int....1 on. pOt/leUlof lotUS. tIl.l momber should 5'.'. Ihis bolloll. "'0 olhor
msm D6rn of his I her lelpeclivs Dosra dunng 8 PUIJJlc m octins. The memb el Bl10uld ilate tile nslur~ of fh8 'ollflicl, del.silltlg Ihlill'Je/BIIS IUIS s separale. ",riV?Jle or moneraty
lnI9r&,S1. elllJef dJreot or ;ndilec:l/ ill th6 ISSlJE under conJ'derstlon. The member $ho/Jld "'en 8XCUB& hlm$slf / l1efnlf from Y~(in9 €l11 fbs metier.
What arefts of cOllcern would you like to see addressed by this committee? Balancing the eoonom.ic benefits of
growth with tbe infrastructure needs and essential protection of our environment
Qualifications for semnl:": Seven years budgeting offioe with the COW; Masters degree i-n Public
Administration; serving on the initial water/sewer advisory committee
Other municipal or county boards/committees on which YOll are serving; None
List three local personal references llnd phone numbel's:
1. Bill Caster 452-1282
2. Jason Thompson 793-1460
3, Susi
Date:
1
NEW HANOVER CO
BD or COMMISSIONERS
49
Ma r, 1.200712:39PM Am e r i can Pro per t y Ex pert s No, 0172 p 2
KATHRYN l. JOHNSTON
3530 Aster Court + Wilmington, NC 28409
Phone: 910-313-0006, E~mail: mjandkj@bellsouth.net
EDUCATION/TRAINING
Master of Public Administration
North Carolina State University, 1996
GPA: 3.80 on 4.0 scale
Bachelor of Arts
University of North Carolina at Greensboro, 1992
GP A: 3.76 on 4.0 scale, Double Majors: Economics and Political'Science
Certifications
Strategic Visioning
The Grove Consultants International, San Francisco, California, 2004
Municipal Administration Program graduate
Institute of Government, Chapel Hill, North Carolina 2004
LeamingConnect Research Training
ARHAt Ltd, Raleigh, North Carolina, 2004
Pelfonnance Measurement for Government, Certificate of Completion
Advanced Learning Institute, Chicago, illinois, 2003
Advanced Govemmental Budgeting, Certificate of Professional Development
Government Finance Officers Association, 2000
Budgeting and Financial Planning, Certificate of Completion
Institute of Government, Chapel Hill; North Carolina, 1999
WORK HISTORY
Finance Director, Diversified Biomass Company, 2005 - current
. Responsible for all financial aspects of multi-million dollar private company including,
budgeting, payroll, benefits, AiR, AlP, financing, financial reporting, and strategic
planning. Also responsible for all human resources and general management.
Kids Voting New Hanover County. North Carolina, 2004 - current
. Executive Director oflocal nonprofit. nonplUtisan organization dedicated to fostering an
infOlmed, plUticipating electorate by educating and actively engaging students and their
families in voting and other elements of effective civic engagement.
. Successfully initiated the program in conjunction with the New Hanover County Schools
and the New Hanover County Board of Election; implemented Kids Voting polls at every
precinct in the county in 2004 and 2006; and coordinated over 200 volunteers and all
fundraising efforts,
Adjunct Professor, UNCW, 2005-2006
. Teaching the graduate level Public Budgeting class for the Masters of Public
Administration degree, 2005.
. Teaching budgeting session in the UNCW Public Administration Academy, 2005 and
2006.
Fountainworks, Inc., 2004 - 2005
. Consulting services to governmental and nonprofit organizations in the areas of public
policy and management consulting, visioning, strategic planning, budgeting and financial
planning.
50
Ma r, 1. 2007 12:40PM American Property Experts No,0172 P. 3
Budget Office, City of Wilmington, North Carolina, 1997 - November 2004
. Management and development of $115 million annual operating budget and $140
million five-year capital projects budget.
. Promoted three times throughout the organization in budgeting during seven years of
services. Includes service as Budget Analyst, Budget Manager, Budget Director, and two
years as Department Director for Management'Services managing 19 full time employees
in the divisions of Budget, Information Technology, and Audit & Evaluation.
. Responsibilities included revenue estimating, capital project plarming, leading budget
process improvements, oversight of non-city agency funding, developing and implementing
policy and procedure changes, coordinating the budget process, providing and presenting
funding recommendations to the City Manager and City Council at Council budget hearing,
worksessions, and retreats.
. Served as city-wide Strategic Planning Coordinator and trainer of departmental busines
planning including the development of goals, objectives, and perfonnance measures.
. Served as Council Agenda Coordinator for City Council meetings and for developmg
and implementing process improvements in the agenda pl'eparation process.
. Coordinated the annual benchmarking process with the Institute of Govemment and
serving on the state-wide Benchmarking Steering Committee.
. Additional responsibilities included serving as the City's committee leader of the county-
wide Joint Information Center during emergency situations, serving on the Peer Panel
Review Board, and serving as the City's United Way Coordinator, Loaned Executive, and
Allocations Cabinet representative.
Prior Work Experience 1992 - 1997
. Manage.r oflocal engineering company.
. Budget and Research Assistant for the NC Forum for Research and Economic Education
(NCFREE).
. Internships in the Greensboro Chamber of Commerce and the Guilford County District
Attorney's office.
LEARDERSHIP fACTIVITIES
Campaign Treasurer for multiple political candidates, 2005-current
V olunteer for Wilmington Downtown Inc. 2004-current
NC Local Govemment Budget Association member, 1997 - 2005
NC Local Government Budget Association Board of Directors, 2001 - 2003
Government Finance Officers Association member, 1998 - 2005
American Society of Public Administrators member, 2003 - 2005
State Public Affairs Committee member, 2001 - 2004
State Public Affairs Committee Board of Directors 2003 - 2004
Legislative Affairs and Public Policy Chair, 2002 - 2003
Junior League of Wilmington, 1997 - 2004
Junior League of Wilmington Board of Directors 2002 - 2003
DREAMS Board of Directors 1998 - 2001; Treasurer 2000 -2001
Graduate Association of Public Administration, 1995 - 1996
National Service Sorority, 1989-92; Board of Directors Treasurer 1991 - 1992
I"(~
51
Mar. 1, 2007 12:40PM Amer i can Property Experts No,0172 p, 4
AWARDS/ACHIEVEMENTS
"Women of the Year" award winner, YWCA Community Achievement Award, 2003
Recognized by Greater Wilmington Business as one of the five women in the area in the
"Rising Star" category of the "Women in High Places" special publication 2002.
Pi Alpha Alpha, MP A Honor Society, 1996
Presidential Management Internship graduate program nominee, 1996
Legal Research Award, NCPT, 1992
Omicron Delta Epsilon, Bcon. Honor Society, 1992
Pi Sigma Alpha, Pol. Sci. Honor Society, 1992
Golden Chain Honor Society, 1991-1992
University Faculty Scholarship, 1991-1992
University Marshall, 1990-1992
Phi Eta Sigma Honor Society, 1988-1992
-.- ,
l<~
52
New Hanover County 231) Govcrluncnl Center Drivl!
Board or Commissioners COMMITTEE APPLICATION Suite 17S
Wilmingtoll. Nt: 2S403
Telepllone: (910) 798.7149
F.-x' (Q1n) 7Q~.7'A50
BoArd/Committee: Cape Fear Publie Uti~it:y Authorit:y
Name: Hugh o. Stewart
Home
Add~s: 4312 Wynfield Drive Wilmington 28405
(Strcd) (CIly) (Zip CDdtJ
MRiling Address if different:
E-Mail Address: hU9hstewart305@aol.oom
Home Phone: 910-784-9770 Fax: 775-254-8585 Cell: 910-762-3888 8usiness: 9l0-762-3BBR
Years Living in
New Hanover County: 6 Male: _!..... Female:_ RA~~: African American Age: 26
(lnCormati.n for rhe 'Purpou: ofu.l:llrinc: R croJf: nction nfrhr: c.Wlmun"~)
Employer: Carolina Private Capital Group, I.LC
(At. pe:r!llon cu.rrently eMpIOyerl"", rtu: a1!~nr:Y or dto,.artment fnr wid,." fhi" n,.rJi('ln~on It m.ctt.. "'uat u.is::" hlo/h-l'~ pO'W.ft witk Nc_ IJ '.......C'r (:"""1)'
upnn _"plIl"flMtft1t in eCtbrllanl:f w'fh Arrit:lt VI. Scctinb.4 "r ttJc New "...'\o'er CDunry Pr1"'DI'MlI'Olicy.)
o f Business Owner
cCUpa Ion:
Professional Activities: Coastal Entrepreneurial Development Council, Strategic Coach
V ohmtter Activities: US Air Force Auxi.liary ICaptain) , CC Real Esta~e Investors Assoc~ation
Why do YIIU wish to senoe 011 this hoard/eommittee? My sk;i.ll, trainin91 ana experience allows me to be
able to intelligently deeiphBr large amounts of diverse' cOlllPlex info.2:mation.
Conflict Dr IrItttest If il:I bQareJ memOe! beu.ve~ he I ~h~ 1'Ias R c:o"rNcr or OOlentiaf tcmflfct 01 "'1"reSI on 8 pafUCiJ'ar jsr;:uc, n.;r memDer snoult1 ,.tale 'hi: belief'" me oUter
mem bt'...~ 01 hit / he, re:;pt:~tJv9 f)aarC r1urln~ a pflbHc meeting. TIr@ member slJoultJ st:",;, rhfit narUrfj or 'fie conrlict, d!taI1;np /ha, h~/s"~ ties e .a epefet!, pri~tc: or mQm3tar)'
'me-rUt, cirtJr:r'direct or Indlr9r:t, 'n Ute Issue uftdcr con$lder&tfon. The member enouJd Chen 9XCU3@ IIIme!1f I h!t'j~"from voting on r~ mettel.
What llrCllS ofeoneern would you like to see addressed by this committee? Responsibly administ.er the .
ccn$O~idation or servi~Q$ in New Hanover County
Q"'.lifi....tinn.. fnr ~..""ng: Network Mgr for tlMiami IT 97-01, Board Member cn Real Estate Invest.ors
Aasoc~ation 02-06, MS ~n Mecbanica~ Engineering, Real Est.ate investor, Busi.ness owner.
Other municipal or county bOllrds/committees on which you lire serving: N/A
--
List three local personal references and phone numbe":
1. Matt Hunter - Fellow REIA member and Investor - 910-232-0304
Z. Jim Eowell - Small Business , Te~hnology Deve~opment. Center - 910-962-3744
3.Bi~1 Cl~nQ - TQ~~~a~ P~oject Mana9or, Globc.l
Date: li'ehruary 28, 20 .
- ~,.....".-;" ~"" ~'~~~B ~:7 ~ ~ side for .ddirinnAI com men U
NEW HANOVER CO
BD. or COMMISSIONrR~
53
NEW HANOVER COUNTY 4'i1"":"
BOARD OF COMMISSIONERS /:;"71~~~;\
230 Government Center Drive, Suite 7 75 ;, ';'
Wilmington, NC.28403 COMMITTEE APPLICA TION (~I\ )~)
Telephone (970, 798-7749 \"1.\ V0
FAX (970) 798-7745 . ...!"",,,,~t:-/
Board/Committee: CiViC. ~ ;.Jl1.bh. vI;/;' ~ Av~#t/-I; -~
Name: Btu2J20tv5 b. 5"11';-< E-Mail: PAm/IJ f:JC.u2.~OLv.:s cJ &.lIsovr/;k-7'
~e IJ J
Address: /3/ Sk..'t;stItS/f7'/ 1/, VL!,";n-,INJIi,J ~5'1V7
( treet) (City) / (Zip Code) ,
Mailing Address if different:
(City) (Zip Code)
Home Phone: ~/O.J7.J--V~J3 Fax: ~b-OO/';" Cell: 7'i/3-..k)8'J Business: d.5b-:.s"l/72.
Years living in
New Hanover County: '17 Male: V Female: _ Race: wJ" .tf Age: 7' '7
IInformation for the purpose of assuring a cross-section of the community)
Employer: sr.-II ~ Sc."v' - A-~~J
(A person currently employed by the agency or depanment for which this application is made, must resign his/her position with
New Hanover County upon appointment, in accordance with Anicle VI, Sec, 4 of the New Hanover County Personnel Policy.)
Occupation: CON.s-ka.-I~(;.J Car-l.5I.tIr:-,,vT- A/ ,Esj;;d AJ~dJ/.?41U1-/
/ '
Professional Activities:
Volunteer Activities: AloAIC- a7 ?4Glen7
Why do you wish to serve on this board/committee? hAu. m CQd1A1/-/- /J7'5()
:1 h .whtC /10/..5%1// ~M /~'?:0/
Conflict of Interest: If a board ember believ he/she has a conflict or potenti ) conflict of interest on a particular issue, that member should state this belief to the
other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private
or monetary interest either direct Dr indirect; in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? .I W()t,..tI Ir~ zf See:. ~/j
)
(O;t\lYlitlc.c.. ""'ttrmt OIJ4/f.,f);,..; .If Ot<.>/)..JC.Sj f /JON - ~~ /7!1t/lJ".Lt:;-(
(I v
Qualifications for serving: (;).>- LJ..ic2 aa I~/~ ~ fft-WtR...6 ShI,' 7ft{ (O,-o;#~ J1.JAI &.
/
dv~ ,~; M G0tt'" <-T;b,..l - fy,/i-. ,1~.s/,i/lc/ ,1JMp./, 0
.,
Other municipal or county boards/committees on which you are serving:
MAR - 6 2007
List three local personal references and phone numbers: NEW HANOVER CO
BO or COMMISSIONERS
1. ::J);.." c'4) - ,AJ.;{ CQ, /.5v)/AX_t.A/"-', 778'- 7/3 7
/
2.~,171 g:(Jf.J~ - AJ./~ Co, /~,v.lj /7k - /1/6:5-
3. .:];,-{(Io.I ZA-j;h// - ",vO.I\A/j j:ujic I ~?f.r// 3$/3 - 765:.3
/
Date 3M? Sig~tnre ~ ~ ~
Applicd'tio s are kept on file for 18 months '
Please use reverse side for additional comments
54
COMMITTEE APPOINTMENTS
INDUSTRIAL FACILITIES AND POLLUTION CONTROL
FINANCING AUTHORITY
3 VACANCIES
ELIGIBLE FOR
APPLICANTS: REAPPOINTMENT
Thomas L. Dodson X
Brian McCormack
R. Hill Rogers X
One vacancy was advertised for more than 1 year, Mr. Dodson has
agreed to serve another term if the Board desires.
Attachments: Committee Information Sheets
Applications
55
NEW HANOVER COUNTY INDUSTRIAL FACILITIES
AND POLLUTION CONTROL FINANCING AUTHORITY
Number of Members: 7
(Must be a qualified elector and resident ofthe County. No member can be an elected official of
the County)
Terms: Six years (G.S. 159C requirement) Terms must end on the 22nd of the month.
Regular Meetings: As called by the Chairman ofthe Authority
Statute or cause creating Authority: N.C. General Statutes 159C-4. New Hanover County Resolution
dated February 7, 1977 creating Authority.
Purpose: To promote the right to gainful employment opportunity, private industry, the prevention and
control ofthe pollution of the air, land and waters of the State of North Carolina in the safety, morals and
health of the people.
Brief on functions: (1) To aid in the financing of the industrial manufacturing facilities for the purposes
of providing employment and raising below average manufacturing wages by financing industrial and
manufacturing facilities through the issuance and sale of tax free revenue bonds; and (2) to provide tax
free revenue bonds for established industries that are in need of modernization in order to meet the
pollution control requirements of the country, state, county and city.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
William H. Cameron Third 2/22/2011
P.O. Box 3649
Wilmington, NC 28406 6/26/89,2/15/93,
251-9822 (H) 762-2676 (W) 2/15/99,3/14/05
Thomas 1. Dodson ~ Second 2/22/2007
* P.O. Box 1290
Wilmington, NC 28402 k~ 3/20/95,2/21/01
343-1812 (H) 251-5201 (W
Vacancy 2/22/2007
56
INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
(CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Frank J. Oddo Unexpired 2/22/2009
8312 Sidbury Road
Wilmington, NC 28411 12/15/03
686-4281 (H)
R. Hill Rogers ~ First 2/22/2007
r 1201 Country Club Road
Wilmington, NC 28403 ~I 5/21/01
763-0273 (H) 256-6998 (W)
Robert F. Ruffner, Jr. Third 2/22/2011
1801 Hawthorne Road
P.O. Box 4189 2/15/93,2/15/1999
Wilmington, NC 28406 3/14/05
343-1017 (H) 392-5220 (W)
Kurt Taube Unexpired 2/22/2009
3802 Providence Court
Wilmington, NC 28412 6/20/05
392-5610 (H)
Ex-Officio: Steve Diab, Attorney 6/05
16 N. Fifth Avenue File: \Industry
Wilmington, NC 28401 B/C# 14
763-2426 (W)
57
MAR, -08' 95(WED) 12:02 NATIONS BANK MAIN TEL:910 251 5293 P:....OOl . __.
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street, Room 305
Wilmington, NC 28401-4093
Telephone (9/01341-'1143
FAX (910J 341-4130
AppOcation for AppoiTTtmenr to Boards, Committees, and Commlsslon$
Appolnt9d by the N8W Hanover Cour7ry Board of Commi$sioners.
Wilmingt~n/New Hanover Industrial Facilities
Fiequesr(o,AOfJointmentro~ and Pollution Control. Financing AutnorJ.ty
N~me: Thomas L. Dodson
Home 2708 Calvert Place How long hflve YOIl bfJ8n II
Address: Wilmington. NC 28403 residtmrofNewHanoverCounryl 7 ~ears
Maiffn~ddress: P. O. Box 1290,
crt;' and Srars: Wilmington. NC Zip ~de; 28402
Telephon~: /"fame: (910) 343-1812 Business: (910) ?'il-..520j
.Sex; M -Rees: W +Al7e: ~a
"'1'hIIlnftmmtJa" ~ mqll""tJJrl For iii. ftlI" p/Jt"P4$. I1f .:s:<udnt;lh"r " """"",,,.,,don 01 u.. t;fJmtrlIInir, .. IIPpolnr.ri.
· .Emplayecby: N.ationsBank _. ___
UA pM:lI""<:lIlrf1nrty IlnIplcIl'oI4br 111" agollt>y"rdltpllltmltntfOl'...lJIr:h lhk -w/f".rAm liImlHt..mllJltr."fl1l1 hfslrl.T~n with
fJ~ HenoYllr r;.,U{>lY 19''''' /JPJJ<2It1"'-t. lit .ct;fJl'dll/>". wi:},.ATtf~ 117, S.c. 4' .., /Iv N_ JI,."ov.,. c.,""tr PllnMlln~ PoliGy.
JobT1d~: Senior Vice Presidant Senior Bankin~ E~eCutive
~fe~an~Acdvnia$: Currently Vice Pres. of Greater Wi]min~ton Chamb~r of GommFr~~ and former
President of C~pe Pe~r Area United Way.
Vukm~erAcifvfl~$:-Presid~nt of Fr{end~ of Rattleshipt NC
Wh)' fio you wish to servtt on the B08rd, Committee, or Commission requested? I have a good understanding
of the purposes and iSsues of such tax exempt financing and believe I would be of serv1ce.
W7lBt ria you (eel ~r" your Q!J8/ifiCiftions far servino on CfIe Bosld. Commlrtee. or CommissIon fequested?
Tien. ich
of need for
authoricy to be user friendly to new and expanded industry in New Hanover County.
ATS you ctlmmtl'l s(!Jf1/i"ng OIl Ilt'ItJther boar-d Q(' camm;~tl tJPpafntBd by 1I mun/~fplJ/1ry Of a county? If sa, pl(Jas. DSt:
No
Dtttt: l:1arcb 8, 1995 SiflnlJture ~ L .~
(pf#Ul'. ,.,... 1'."fR'$. .,-q,. ro,. fJd~/t/(m_ ct;II'TInJUJW
I'FtR 8 '95 12:24 G!:?0isU"nl7i1'iii1 91e3414~30 ~.002
LJQ ~:~ ~ \J LSL.!I
I~J\R 0 B 95 '"
NEW HANOVER co.
BO. OF COMMISSIONERS
58
03/01/2007 21:41 FAX 910 815 2768 BB&T TRUST ~OOI
NEW HANOVER COUNTY ~
BOARD OF r;OMMISSIONERS tti)"""i\ 1"'~
230 Govemmenr Center Drive, Suite 175 f "r;!
Wilmington, NC 28403 COMMITTEE APPLlCA TlON ~ ffi
Telephone (910/798.7149 <.. 5'
FAX (910) 798-7145 ___ r.-:- \~~
Board/Committee: Thd.u...I\b\cJ) t-~l;~e.,:> a..wt ~6V\.. ~I :.nt\Wl4'~ ri7
Name: -"13 ("" i ~^ t'-.A... c.. C CJ r~ c..- ~c... E.Mail: to w\. c- C-o r~ \c.. 'S @ ka,-1-.-...;1 . C."M
Z:;;"ss: ~~ ~ L ~~lo ('" (> v \c. Dr Lv l \ V"',' "j -hi.,.. tU C. d.. f'i I )
(Street) (City) (Zip Code)
Mailing AddftJss" different:
(City) (Zip Code)
Home Phone: b pea, -i Lf 0:5 Fax: f( S ~).1 b 'P Cell: ) Yo I ~ ? ~ Business: 81 ') J, ., l ?
Years living in US
New Hanover County: I ('f-" SMale: t./"Female: _ Race: W~ / f ~ Age: 7
(Information for the purpose of assunng 8 cross-section of the community)
Employer: \S . \S 'e... \
(A person currently employed by the agency or department for which this application is made, must resign his/her position with
New Hanover County upon appointment, in accordance with Article V(, Sec. 4 of the New Hanover County Personnel Policy.)
Occupation: '\S 0......... lc \ '.........v---
Professional Activities:
Volunteer Activities: (') <J J"f' ./\ V ClI V JV -rvc...Q.l\-. t=' ~ r e.. D efaS +- W'\.e ~
Why do you wish to s:'rve on this board/committee? f-'\ y (..(., ^ t. ~ I" '" ~ { A( eUJ /.k,..o;o.r~ ~ (C~" i-r
tA"j. - I"ff"'-f;...... -+0 J"fr:.. c::.. rt's,cJe_f- o!:. l~.
Conflict of Interut: If a boon! member bolie"". he/she has a conf/ic or porential conflict of interest on a poniculsr issue, thar member should srare rhis belief to rhe
o"'er members of his/her respecrive boarrt during 8 public meeting. The member should srore file nOfure of rhe conflict, det.iung "'ar he/she ha. . separare. prilf/Jre
or monetary interest, either diracr or indiract, in the issue under consideration. The member should then excuse himself/herself from voring on rhe matt.r.
What areas of concern would you like to see addressed by this committee? ( Q.. ~ e;::::../ A \..I-e
~(. Ir) p" ( e....
Qualifications for serving: ~ 5 't (0 (;. r> ~ --- ~ ~ - b "'""d r /\.L c+ r r 1> e";"'c" )'t"'-'+J.
Co/\ C (' r /"\ -f;; r Cgn"\I'Y1 10'0'\.,1- y .
I
Other municipal or county boards/committees on which you are serving:
lE~lE~\WlE
List three local personal references and phone numbers: MAR - 2 2007
1. I3c~k.
_ \ I NEW H~NOVER CO
2. t \ nMMISS!ONfRS
3. t'~:, \ Ma..r \'9^
Date: 3 - d.. - Cl / Signature
Applicotion. are kept on fif. for 18 months
Please use reverse side for additional comments
59
Mar-05-01 05:23P 1st Atlant;c 910 256 6009 P.Ol
Application for Appointments P,;;tge 1 of2
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 8oBrds, Committees, and Commissions
Appointed by the New HanovtJT County Board of Commlssloners-
Request for Appointment to: ",.ll. ~, ..~_~B t.....~~.. ':':~1{5 ': A~~ t'tn..
Nam9: ..__fl. H,'-L fI.t!.~~-- 5 . .-" . . . ..- . . ., . -
How long have you been (J resident of New Hanover Countyi' . S*I/IIf-E '''It1~ ..--. .-" . -- ---
.
Home Address: J
2.t;/ CtlvnA.1 C~V~ Il.tJ Iv ,.....J""'70 N '2.9~."I ...
------
Mailing Address:
'I 'I
------- ...-.-....---...-.--.
City and State: ... WI.~,.,'.,_l!':.r~.~ _... ..I.Y..f;......._- ________Zip Code: l''I~.:J
-----.-. . .. '.
Telephone: Home: , ,0..- -16' -(1~ 1-.3 _ -.-... ---- - -- Business: "fCJ . ~J4- C44'
-.---.-.
*Sex: IJ1 *Race: N -.. --... * Age: 2-'6
-. ..--.-.-- --.-----.--..- -.-
..n. ---._~.
* This information is requested for the sole purpose of assuring that a cross-section of the community is
IJPpointed.
UEmployed by: In Ir~~~ _ 'l4'El-Tt~5 -----.. . -~." --. ----
*" A person currtmtly employed by the 8gency or department for which this application is made, must ,.esi9r
his/her position with New HtJnoVfJr County upon appointment, in accordence with Article VI, Sec. 4 of the
New Hanover County. Personnel Po/icy.
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http://www.co.new-hanover.nc.uS/CClapplic.htm 2/13/2001
60
Mar-OS-01 OS:23P 1st Atlantic 910 2S6 6009 P_02
Application for Appointments Page 2of2
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http://www.co.new-hanover.nc.uslCC/applic.htm 2/13/2001
61
This page intentionally left blank.
62
COMMITTEE APPOINTMENTS
NURSING HOME COMMUNITY ADVISORY COMMITTEE
State Mandated Minimum Membership: 9
Maximum Membership allowed by State Statute: 14
Current Membership: 11
Term: One year initially, 3-year terms thereafter
ELIGIBLE FOR
APPLICANTS: REAPPOINTMENT
Mary Ann Lewis X
ADMINISTRATORS' NOMINEES
None
Attachments: Committee Information Sheets
Applications
63
NURSING HOME COMMUNITY ADVISORY COMMITTEE
Number of Members: 9 State mandated; may appoint up to 14 based on the number of nursing
homes. The Nursing Home Administrators may nominate one-third of the members.
Term: 1-year terms initially; 3-year terms thereafter
Brief on the functions: Each member shall be aware of the general conditions under which the
persons are residing in the homes, and shall work for the best interests of the persons in the homes.
This may include assisting persons who have grievances with the home and facilitating the resolution
of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves
and more often if it is necessary to carry out the duties. Statute or cause creating Board: N.C. General
Statutes 131E-128
Qualifications: Must be a resident of New Hanover County. No person or immediate family member
of a person with a financial interest in a home served by the committee, or employee or governing board
member of a home served by the committee, or immediate family member of a resident in a home
served by the New Hanover County Nursing Home Community Advisory Committee may be a member
of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother,
and grandfather, as well as in-laws. See Volunteer Job Description for more information.
Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and
October at 4:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Joan Barbara Apke Third 11/30108
109 Cromwell Circle
Wilmington, NC 28409 9/21/98,11/15/99,
799-457 4{ H) 12/16/02, 11/21/05
John E. Brett First 6/30/09
325 S. Third Street
Wilmington, NC 28401 6/20105, 6/19/06
762-7295 (H) 815-3497 (W)
Catherine R. Davis Third 8/31/08
5613 Greenville Loop Road
Wilmington, NC 28409 Appt. 2/2/98, 6/21/99,
395-5512 (H) 6/17/02, 8/15/05
William Y. Doran First 7/31/07
1115 Tennwood Drive
Wilmington, NC 28411 7/7/03,7/12/04
686-2643 (H) 686-2514 (W)
Dorothy L. Grime First 1/31/08
5583 Wood Duck Circle
Wilmington, NC 28409 12/15/03, 1/24/05
350-0672 (H)
64
NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Faye Griffin Hoffman Second 3/31/09
162 Partridge Road / P.O. Box 3687 3/25/02, 3/24/03,
Wilmington, NC 28406 3/13/06
392-6873 (H)
Patricia E. King Second 3/31/09
517-1 Hewlett Way 3/25/02, 3/24/03,
Wilmington, NC 28409 3/13/06
675-3565 (H)
Mary Ann Lewis ~ First 3/31/07
f\ 8 Merrimac Drive
Wilmington, NC 28412 ~ 3/24/03, 3/22/04
791-0523 (H)
D. Alton Parker, Jr. Second 8/31/07
318 Golden Road
Wilmington, NC 28409 8/21/00, 8/20/01,
392-3514 (H) 8/16/04
Mark C. Sheffield First 4/30/07
1319 C Military Cutoff Road
Wilmington, NC 28405 4/21/03, 4/19/04
232-4964 (HIW)
Judith Pennington Tagert First 1/31/09
504 Carolina Beach Avenue South, Unit 1-K
Carolina Beach, NC 28428 1/4/05, 1/23/06
458-6770 & 313-1164 (H)
Diane G. Winstead First 4/30/07
326 Chattooga Place Drive
Wilmington, NC 28412 4/21/03,4/19/04
Members Nominated by Nursing Home
Administrators:
Contact: Harvin Quidas, Region 0 Long Term 1/07
Care Ombudsman, Cape Fear Council of File: INursing
Governments B/C #22
1480 Harbour Drive, Wilmington, NC 28401
395-4553
65
NEW HANO VER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street, Room 305
Wilmington, NC 28401-4093 COMMITTEE APPLICA TION
Telephone 191O} 341-7149
FAX (910) 341-4130
Web
Name:
Home
Address:
Mailing Address if different:
ICity} IZip Code}
Home Phone: t:?/~ · 79/1 L)6~.3 Business Phone:
Years living in 9- Race: LU Age: ~ ~
New Hanover County: ~e r Sex:
!Information for the purpose of assuring a cross-section of the community
Employer:
(A person currently employed by the agency or department for which this application is made, must resign his/her position with
New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy.)
Job Title:
Professional Activities:
Volunteer Activities: ~ L.o) /Jt.) -1/.~~/5 J ~~''7 ~ u JJ 4J'" J.L ~j.~
~~-<~.A ~. zt'
&"'~ ~ -L4.,)
Why do you wish to serve on this board/committee? ~
.
Other municipal or cou
1.
2.
3.
Date: ..,3- ~ ~ 4~
NEW HANOVER CO
BD. or COMMISSIONERS Use reverse side for additional comments
66
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 7.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Special Use Permit (S-570, 12/06) - Request by Duncan Marine Contractors, Inc. for Colorado Coastal
Development, LLC to Locate a 10-Slip Community Boating Facility in an R-15 Residential District at "Seabreeze
Sound" (36 residential lots on Seabreeze Road South)
BRIEF SUMMARY:
At its February 1, 2007 meeting, the Planning Board recommended positive findings for approval of this project by a vote of
6-0 (1 recused) with the following additional conditions:
1. Deed restrictions or restrictive covenants are to be recorded in the chain of title for lots 30, 31, 32
and 33, stating that no individual docks or piers will be allowed, other than the planned shared
dock with 4 slips between Lots 28 and 29.
2. Slips may not be leased or sold and only property owners or their guests may use the slips.
3. The right to use the facility must be conferred by an easement appurtenant to the residential
project it is intended to serve, as required by the ordinance.
4. No overhead lighting will be installed.
Two citizens from the community were present to comment about the project. The owner provided answers to their
questions and agreed to work out any concerns they might have about hours of operation outside the special use permit
process.
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-~ 7J-Staff Summa~' .doc S -570 Petition Summary. doc
adjacent property map and full size site plans
ITEM DOES NOT REQUIRE REVIEW
67
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
68
SPECIAL USE PERMIT
S-570, 12/06: Community Boating Facility (10 slips)
Request By: Duncan Marine Construction for Colorado Coastal Development
Location: Seabreeze Sound Subdivision Seabreeze Road South
Acres: 15.39 acres
PLANNING BOARD ACTION
At its February 1,2007 meeting, the Planning Board recommended positive
findings for approval ofthis project by a vote of 6-0 (1 recused) with the following
additional conditions:
1. Deed restrictions or restrictive covenants are to be recorded in the chain of
title for lots 30, 31, 32 and 33, stating that no individual docks or piers will be
allowed, other than the planned shared dock with 4 slips between Lots 28 and
29.
2. Slips may not be leased or sold and only property owners or their guests may
use the slips.
3. The right to use the facility must be conferred by an easement appurtenant to
the residential project it is intended to serve, as required by the ordinance.
4. No overhead lighting will be installed.
Two citizens from the community were present to comment about the project. The owner
provided answers to their questions and agreed to work out any concerns they might have
about hours of operation outside the special use permit process.
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 Federal Point Fire District.
B. Private water supply will serve the dock facility.
C. The project will be located in Myrtle Grove Sound/Intracoastal Waterway, north of Snow's
Cut.
D. Access to the site will be pedestrian from within Seabreeze Sound Subdivision, off Seabreeze
Road South.
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 a
community boating facility in an R-15 Residential District under certain conditions.
B. The property will build a permitted residential pier between lots 28 and 29 which applicant
proposes to improve with 4 boat slips. This pier is not subject to the special use permit. The
requested special use permit for an additional community boating facility will create 10
additional slips. The total subdivision has 36 platted lots.
. -,,"_._----
69
C. The site plan does not show any off-street parking, because applicant states that parking will
be accommodated on the residential lots served by the facility.
D. The proposed community boating facility proposes ten (10) boat slips to serve 10 non-
specified residential lots of the 36 total lots in the subdivision, which meets the required ratio
of not more than 1: 1.
E. A pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. No commercial activities are proposed for the facility, per the requirements of the 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. 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 Conservation. The
purpose of the class is to provide for effective long-term management and protection of
significant, limited, or irreplaceable natural resources while also protecting the rights of the
property owner. Water-dependent uses are appropriate.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
C. CAMA permits will be required.
D. Surrounding land uses include single-family housing, some with docks and piers.
Staff Comments:
Staff supports the Planning Board recommendation.
ACTION NEEDED:
(Choose one)
1. Motion to Recommend Approval (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.
! I
70
Case: 8-570, 12/06
Petition Summary Data
OwnerIPetitioner: Duncan Marine Construction for RBIS, LLC
Existing Land Use: Vacant (Residential Subdivision)
Zoning History: Area 4, April 7, 1971
Land Classification: Conservation
Water Type: Private
Sewer Tvpe: Private
Recreation Area: Public Trust waters of Myrtle Grove Sound/ Intracoastal
Waterway
Access & Traffic Volume: Access will be pedestrian within the Seabreeze Sound
subdivision
LOS: N/A
Fire District: Federal Point FD
Watershed & Water Quality Classification: Seabreeze Watershed (SA)
Aquifer Recharge Area: None
Conservation/Historic/Archaeological Resources: VE Flood Zone; Salt Marsh;
Tidal Marsh
Soils: - Nh-Newhan fine sand
Septic Suitability: Class I1Suitable
Schools: Carolina Beach Elernentary
71
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72
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 7.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Text Amendment (A-355, 11/06) - Request by Staff for Zoning Text Amendment for Article V, Creating Section 59.9
RFMU, Riverfront Mixed Use District
BRIEF SUMMARY:
In response to increasing interest in development along the banks of the Cape Fear River, the New Hanover County Board
of Commissioners directed County staff to work with City of Wilmington planning staff to establish regulations for a
waterfront zoning district. A number of public meetings were held during the process to get input and comments from the
public. General consensus indicated that if this area is going to develop, more appropriate regulations need to be in place
in order to protect the existing environmentally sensitive areas located on the west bank as well as provide for quality
development which allows for the greatest community benefit. At their February 1, 2007 meeting the Planning Board
recommended adoption of the RFMU that is being presented today. The recommended ordinance creates a separate
overlay district within the RFMU eligible area where a maximum height of 75 feet is proposed. 150 feet remains the base
height in other RFMU areas with additional height up to 240 feet if performance criteria are met. The Planning Board made
this recommendation by a vote of 5-2.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, modify, or deny the text amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~ ~ ~
.'~.-}~5-Staff Summa~' amended 2.dGlc R FM U for 3-12.07 cc package. doc rfmu hro. pdf R FM U Potential Areas. jpg R FM U Comparison2. xis
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
73
CASE: A-355, 11/06 Applicant: Staff
REQUEST: Zoning Text Amendment for Article V, Creating Section. 59.9 RFMU, Riverfront Mixed Use
District
Background
In response to increasing interest in development along the banks of the Cape Fear River, the New
Hanover County Board of Commissioners directed County staff to work with City of Wilmington
planning staffto establish regulations for a waterfront zoning district. Elected officials from the City and
County agreed that City staff would take the lead in this planning effort.
During the development of the proposed district City staff held a number of public meetings in order to
obtain initial input from the public and gather feedback from various stakeholders. A public meeting was
held at the outset of the process to get initial input and comments from the public. This information was
compiled and included within the preliminary draft of the ordinance. A series of small-group roundtable
discussions were held with various stakeholder groups to review drafts and get feedback and input from
various stakeholders.
General consensus indicated that if this area is going to develop, more appropriate regulations need to be
in place in order to protect the existing environmentally sensitive areas located on the west bank as well as
provide for quality development which allows for the greatest community benefit.
A number of potential application areas were identified in order to provide a context for development of
the RFMU district. However, the proposed Riverfront Mixed Use District, if adopted, would be a
"floating" district. Property would be considered for rezoning at the request of the property owner. This
designation is not proposed to be applied to any specific properties at this time, rather properties within
the designated areas would be eligible to apply for rezoning to RFMU.
The proposed RFMU district regulations incorporate some of the key elements of both the Vision 2020: A
Waterfront Downtown and the Cape Fear River Corridor plans. The goal of these planning efforts was to
balance the desire to promote sound economic development with the need to protect sensitive natural and
scenic qualities of the Cape Fear River.
The Wilmington City Council adopted a similar ordinance for designated areas along their river front at
its December 5 meeting.
Description
The riverfront in downtown Wilmington has recently seen considerable redevelopment, beginning a
transformation of the historical industrial riverfront into a residential and entertainment destination.
This change has developers looking across the river for land that may be suitable for the same urban
intensity as in the city. If the County's riverfront is to be developed, it needs regulations that will guide
this land use transition and encourage quality development along the west bank of the downtown
riverfront while recognizing the differences between intense development in a fully urbanized city versus
development challenges near fragile marshes and flood prone areas which do not enjoy a full range of
urban services and infrastructure.
The Riverfront Mixed Use District was drafted to support seven main objectives: to enhance and preserve
environmentally sensitive areas along the river; to protect public access to the river through the creation
of quality public spaces; to preserve cultural and natural resources; to effect quality design and a variety
CC agenda-31l2/07 1
74
of built forms that result in a pedestrian scale as well as a compelling skyline; to promote and enhance
transit options, particularly pedestrian and water-oriented transportation options; to provide an
opportunity for intensive development consistent with the urban form; and to encourage a mix of uses
that foster a sense of community and create a destination for residents and visitors alike.
The RFMU district is not intended to be applied to any other areas ofthe County's riverfront. It is also
not intended to supersede the CAMA Land Classification map. The proposed district would be
applicable only to properties with frontage on the Cape Fear andlor Northeast Cape Fear River between
the Holmes Bridge and the Cape Fear Memorial Bridge and east ofHwy 421. Land along the banks of
these rivers is zoned for either commercial or industrial uses. While protecting the industrial base is
critical in certain parts of the County, portions of the riverfront may be more desirable for other uses. If
the current zoning is retained, development along the riverfront could occur in a less than desirable way,
particularly across from historic downtown Wilmington. The RFMU district has great potential to be
applied in these areas.
The proposed district includes development regulations which are intended to support quality
developments along the riverfront. These regulations address height, protection of environmental
resources, the provision of public space, and building and site design standards.
Height
The City stafrs research indicated no identifiable pattern for height in comparable cities. Height
regulations were customized to fit the unique character and historic context of each city's downtown
waterfront. The regulation of height is based on the preferences of the community. In areas of the
unincorporated county where RFMU zoning is most likely to be applied, the historic context is primarily
maritime industrial use and open space. The preservation of open/green space is critical in these areas
due to the prevalence of environmentally sensitive areas. Allowing taller buildings as a tradeoff for
protecting open space is proposed to present an attractive opportunity for development while preserving
a more natural riverfront. Except within a proposed area of restricted height directly across from
historic downtown Wilmington, the RFMU proposes that a building height of 150 feet be permitted
without conditions. Additional height, up to a maximum of 240 feet, may be incrementally granted based
on performance requirements. The following requirements must be met to gain additional height for
structures: (1) the dedication of private land for public use at 5 percent greater than district
requirements, or (2) the provision of parking within the structure.
Public Space
Public space, including a riverwalk, is required in all RFMU developments. Public spaces include natural
wetlands, forested areas, atriums, parks, a riverwalk, internal courtyards, plazas, or other undisturbed or
improved spaces. Public access connections to a riverwalk are also required.
Building Design
In order to moderate the overall scale of the building, a "building base" is required at a maximum of 4
stories or 50 feet, whichever is less. For buildings exceeding this height, facades are required to
incorporate a visual transition which distinguishes the base from the upper floors of the building. While
buildings may reach or exceed 15 stories, the total building volume above the base must be reduced by 25
percent. Buildings are also required to incorporate periodic transitions across the fa-;ade in order to
create a vertical orientation, eliminate expanses of blank walls and create a more pedestrian-scaled block
face. These requirements will eliminate the potential of maximizing the building envelope with a non-
descript, box-like structure, and will help to produce a more attractive design.
ee agenda-3112/07 2
75
Parking
Surface parking is limited and structured parking is required in order to prevent vast expanses of
parking along the riverfront. Surface parking is limited to 5 percent of the total parking area or 50
spaces, whichever is less and is prohibited from the riverfront side of buildings. Structured parking decks
are required to be visually compatible with surrounding structures and must be visually obscured from
the river.
Given the desirable views of the river and access to the downtown waterfront, development along the
Cape Fear River is likely to occur. Downtown Wilmington is a distinctive and exceptional place that
cannot be recreated. If development along the riverbanks is going to occur it should occur in suitable
areas in a manner that makes the Wilmington region even more desirable than it is now. Therefore, it is
vitally important that any new development along the Cape Fear River be of high quality and support the
shared vision of Wilmington, New Hanover County, and the region as a whole. This proposed zoning
district attempts to accommodate the desire to provide reasonable urban intensity on the west bank of the
river while protecting the integrity of historic downtown Wilmington and the diverse riverine ecosystem.
The Planning Board has given substantial consideration of the proposed RFMU district.
At their November 2, 2006 meeting, the New Hanover County Planning Board began consideration of a
text amendment creating a Riverfront Mixed Use Zoning District. After some discussion, the Board
continued the item and asked staff to be available for work sessions to discuss implications of the
proposed amendment. Staff held two separate work sessions for Planning Board members. The
following key items were discussed at the meetings:
. The County's ability to handle services (specifically water, sewer, traffic, fire services and sheriff)
for such an intense, urban style development
. Height exceeding the already permitted 40 foot limit - especially across from the historic district
of downtown Wilmington at the southernmost extent of the RFMU proposal
. The review process for the proposed district - TRC should review the proposal before Planning
Board and Commissioners.
. Storm water management
. How this proposal relates to the Cape Fear River Corridor Plan
. The amount of developable land, and relationship to the CAMA land classification map.
At their December 7, 2006 meeting, the Planning Board revisited their discussion about the creation of a
River Front Mixed Use District. After staff presentations and consideration of public comments both in
favor of and opposed to the River Front Mixed Use District proposal, discussion narrowed to the issue of
allowable height at different locations along the district boundary. Of particular concern was the land
directly across from the southern end of the Downtown Wilmington Historic District. Additionally,
Board members were concerned that the RFMU was being crafted solely to accommodate one
development project. Ultimately the Planning Board voted to send the ordinance back to stafffor further
refining. The Board also asked that they hold a work session to discuss any changes that would be
suggested to the ordinance.
On January 19,2007, the Board met to discuss changes to the RFMU. Staff suggested adding an overlay
for the land across from the historic district which would be subject to a different height limit. For
discussion purposes staffsuggested 100 feet as the maximum for the overlay section. A suggestion that
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76
the maximum be 50 feet, which coincides with the recommendations ofthe Historic Wilmington
Foundation and their estimate on the height of the Historic Customs House was considered by the Board.
Another suggestion that the height be limited so that buildings would not rise above the established tree
canopy led to a request that staff measure the trees across from the Historic District and report back with
those measurements. A statement from the Cooperative Extension Service's urban forester says that the
height of the tree canopy is approximately 50 feet with some trees reaching as high as 75 feet.
At their February 1,2007 meeting the Planning Board recommended adoption of the RFMU that is being
presented today. The recommended ordinance creates a separate overlay district within the RFMU
eligible area where a maximum height of 75 feet is proposed. 150 feet remains the base height in other
RFMU areas with additional height up to 240 feet if performance criteria are met. The Planning Board
made this recommendation by a vote of 5-2.
Staff Recommendation
Further development along both the east and west banks of the Cape Fear River is likely to occur in the
future. The proposed regulations for the Riverfront Mixed Use District are structured in such a way as to
provide public access, protect some environmentally sensitive areas, and promote quality design and
development.
Staff is in agreement with the Planning Board that a lower height maximum, especially in the southern
portion of the RFMU would help to lessen the burden on infrastructure and the environment of the River
Corridor while ensuring quality development with its focus on river access and useable open space.
Staff is grateful for the work that the City of Wilmington Planning Staff, especially Christine Hughes,
Brian Chambers and Kaye Graybeal contributed to the creation of this ordinance. Staff also would like
to recognize the Planning Board for their thoughtful consideration of each iteration of this ordinance and
their effort to gauge the local preferences on the difficult issue of building height.
Staff recommends approval of the ordinance as submitted.
Attachments
1. Proposed zoning district regulations, as amended to include an overlay for the area across from
the Historic District, Section 59.9 RFMU
2. Zoning Map with proposed County RFMU area
3. RFMU study area map
4. Current vs. proposed comparison
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Sec. 59.9 RFMU, Riverfront Mixed Use District.
59.9-1 Purpose. The Cape Fear River is one of the region's most valuable natural resources and
is the focal point of activity in downtown Wilmington. The Riverfront Mixed Use District is
established to support seven main objectives: to enhance and preserve environmentally sensitive
areas along the river; to protect public access to the river through the creation of quality public
spaces, to preserve cultural and natural resources, to effect quality design and a variety of built
forms that result in a pedestrian scale as well as a compelling skyline; to promote and enhance
transit options, particularly pedestrian and water-oriented transportation options; to provide an
opportunity for intensive development consistent with the urban form; and to encourage a mix of
uses that foster a sense of community and create a destination for residents and visitors alike.
The RFMU is an elective district available only to parcels of land fronting the Cape Fear and
Northeast Cape Fear Rivers east ofHwy. 421, between the Holmes Bridge and the Memorial
Bridge in Unincorporated New Hanover County. A height restriction overlay for the area directly
across from the Wilmington Historic District is subject to additional restrictions on building
height. In the event of conflict between regulations for riverfront mixed use developments and
those in other sections of the Zoning Ordinance, the Riverfront Mixed Use regulations shall
supersede unless specifically stated otherwise. All development projects within riverfront mixed
use districts are subject to the CAMA Land Classification regulations.
59.9-2 Mix of uses.
(1) All RFMU developments must contain uses from at least two of the following categories:
(A) Residential
(B) Office
(C) Commercial
(D) Institutional, quasi-public, public
(E) Entertainment and lodging
(2) The total floor area of any RFMU development shall constitute no less than five (5)
percent of non-residential uses.
(3) Single-story structures shall not exceed twenty-five (25) percent of the gross building
footprint of all buildings within any RFMU development.
(4) All buildings greater than thirty-five (35) feet in height must incorporate more than one
use.
(5) All buildings with riverfront and right-of-way facing facades shall incorporate non-
residential uses on no less then fifty (50) percent of the ground floor. Parking shall not be used to
satisfy any part of this requirement.
(6) The requirements for mix of uses' may be waived by the Technical Review Committee
(TRC) for projects of exceptional design or merit.
59.9-3 Permitted uses.
(1) Principal uses: All uses in this list shall be considered permitted uses within the RFMU
district. Ground floor non-residential uses should encourage a lively pedestrian experience by
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offering a diversity of uses which utilize multiple storefronts and engaging public spaces. Uses
from the category of "adult establishments" are prohibited. Uses are categorized based on similar
impacts and to ensure diversity of uses.
(A) Residential category.
1. Family care homes
11. Group home supportive
iii. Single family dwelling, attached
(B) Office category.
1. Banking services, without drive-through
11. Offices, Medical
iii. Offices, Professional
(C) Commercial category.
1. Convenience food store, without gasoline sales
11. Farmers' market
111. Grocery store less then forty thousand (40,000) square feet.
iv. Marina, with or without fueling facilities
v. Night club (night clubs shall not abut an existing place of worship or be
within one thousand-five hundred (1,500) feet of existing residential uses
or districts.
VI. The following personal service establishments are permitted:
a. Beauty salon
b. Barber shop
c. Clothing alterations
d. Laundry, laundromat services, and drop off dry cleaning only
vii. Photography studio
viii. Recreation facilities: private indoor or outdoor
IX. Restaurant without drive-through windows
x. Retail sales establishment less then 40,000 square feet
Xl. Ship chandler
xii. Spas and health club
(D) Institutional, quasi-public use, or public use category. The following uses shall
not be accessed from or face riverfront facades.
1. Adult day care and child day care center
11. Clubs, lodges and recreation facilities
111. Government facility, not to include correctional or operational facilities
iv. Nursing and personal care by special use permit
v. Religious institution
VI. Retirement center and life care community by special use permit
(E) Entertainment and lodging category.
i. Amphitheater, located within one thousand-three hundred twenty (1,320)
feet of a facility that provides public parking with the capacity to
accommodate one-hundred (100) percent of required parking
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ii. Aquarium, located within one thousand-three hundred twenty (1,320)
feet of a facility that provides public parking with the capacity to
accommodate one-hundred (100) percent of required parking
iii. Art gallery/studio
IV. Cultural arts center including theaters
v. Hotels and motels, except that hotels and motels do not satisfy the "non-
residential" requirement
VI. Meeting and events centers
VII. Movie theaters
Vlll. Museum
(2) Supporting uses: The uses listed below are considered supporting uses to the required
categories. While the following uses are allowed by right, they shall not count towards the
minimum required mix of uses. Even though the development may contain one (1) or more of the
following uses, it must still include at least two (2) of the five (5) categories (residential, office,
commercial, institutional/quasipublic/public, entertainment and lodging) listed above.
a. Accessory buildings
b. Accessory and auxiliary uses
c. Commercial parking facility, provided the requirements of (d)(9) below are met
d. Helipads, rooftop only
e. Public park, playground and associated facilities
59.9-4 General regulations. The prevalence of environmentally sensitive areas located along
the riverfront requires that flexible development standards be established to maximize natural
resource protection and land development potential.
(1) Riverfront access: All RFMU developments shall have direct access to navigable waters.
A minimum of one (1) pedestrian access shall be provided. Pedestrian access shall be provided in
intervals no greater then one (1) access every two hundred (200) linear feet of shoreline.
(2) Lot coverage: Maximum lot coverage in the RFMU district shall not exceed fifty (50)
percent.
(3) Building Base: Delineation of the building base is required for buildings exceeding
building base height (See Article 15, Definitions).
(4) Maximum Building height: Building height in the RFMU district shall not exceed one
hundred-fifty (150) feet not including up to sixty (60) feet utilized for structured parking.
Additional height up to a maximuim of thirty (30) feet may be permitted based on
compliance with the following performance option:
a. Dedication of private land area for public use greater than the required
minimum often (10) percent. For every five (5) percent of additional
permanently designated public space, building height may be increased by fifteen
(15) feet.
Buildings in the height restriction overlay district are subject to a maximum building
height of75 feet.
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(5) Building envelope: All buildings exceeding the maximum base height elevation shall
reduce building mass by no less than twenty-five (25) percent of the total mass above the base
elevation, as measured from the maximum base height to the overall height of the building,
multiplied by the total area ofthe building footprint using the following equation:
(Proposed Height - Base Height) x (Footprint) x (0.25) = Minimum Building Mass Reduction
(Above base height)
Figure 1. Insert Graphic
(6) Building setbacks and separations: All buildings shall be set back a minimum of sixteen
(16) feet from public rights-of-way and private streets. Setback from the river shall be in
compliance with the NC Division of Coastal Management buffer rules. All buildings less than
fifty (50) feet in height adjacent to single family residentially zoned and developed properties,
excluding those separated by public rights-of-way, shall have a minimum setback from adjacent
single family residential equal to the height of the building. Buildings over fifty (50) feet in
height, excluding those separated by public rights-of-way, shall have a minimum setback from
adjacent single family residential of fifty (50) feet.
(7) Underground utilities: All electric, cable television and telephone utilities, fire alarm
conduits, streetlight wiring and other wiring conduits and similar utilities shall be placed
underground by the developer or the appropriate utility company for all new RFMU
developments.
(8) Minimum landscaping:
(A) Shade trees are required along all streets. Shade trees shall be a minimum caliper
of three (3) inches (DBH), shall be located at a minimum fifty (50) feet on center
and must be single-stem canopy trees.
(B) Public spaces and common areas shall be planted with a minimum of two (2)
single stem canopy trees per every one-thousand (1,000) square feet. Canopy
trees shall be a minimum caliper of three (3) inches (DBH). Two (2) canopy trees
may be substituted with three (3) understory trees per one-thousand (1,000)
square feet of public space or common area where overhead obstructions or other
site limitations make canopy trees impractical.
The Technical Review Committee (TRC) may permit alternatives to strict
conformance with the required location of landscaping under the following
conditions. However, in all cases, RFMU developments shall provide at least the
minimum square footage of landscaped area and number of trees required by this
Chapter.
1. Preservation of natural stands of trees and existing vegetation.
Preservation of natural stands of trees may be substituted for landscaping
requirements as long as the total square footage of interior landscaping
meets the minimum required.
11. Additional landscaping in key areas. Provision of at least ten (10) percent
greater than the minimum landscaping area required in each of the
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following areas: along the waterfront, at project entrances, in public
spaces.
iii. Provision of low impact development. Landscaping necessary to achieve
low impact development standards as defined in Article 10 of this
Chapter.
(9) Signs: The following sign requirements shall apply to all RFMU developments:
(A) All internal signs in areas designated RFMU shall meet the following
requirements.
(a) Directional signs. Not exceeding thirty (30) inches in height and
not exceeding four (4) square feet in area which direct on-premises
vehicular or pedestrian traffic and bearing no other identification
or advertising matter shall not be limited in number.
(b) On-premises canopy or awning signs:
(1) A multi-family or nonresidential principal building may
install signs on or hanging beneath canopies, awnings and
hanging beneath overhangs or porch roofs provided:
a. There is no projecting sign on the principal
building.
b. The combined total area of signs applied to
canopies and awnings shall not exceed twenty (20)
percent of the aggregate area of the face of the
canopy or awnmg.
c. Signs that are attached below a canopy, awning,
overhang or porch roof shall not extend beyond the
width of such canopy, awning, overhang or porch
roof and shall have a clearance of not less than nine
(9) feet above the pedestrian walkway and shall not
exceed three (3) square feet in area.
(c) On-premises window signs:
(1) A multi-family or nonresidential principal building may
install on-premises window signs provided:
a. The area of such signs shall not exceed an aggregate
area equal to ten (10) per cent ofthe total ground
floor glassed window area of the building.
b. Such signs, if located inside the window, may be
neon SIgns.
c. Such signs shall not be located above the second
floor.
(d) Special purpose signs:
(1) A multi-family or nonresidential principal building may
attach one (1) special purpose sign to a facade or window
provided such sign shall not be displayed more than twelve
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(12) times in each calendar year for a maximum total of
sixty (60) days per calendar year.
(2) A single-family residential premises may erect one (1) on-
premises and/or one (1) special purpose sign subject to the
following restrictions:
a. Such signs refer only to the name, home occupation,
address and/or special purpose of the occupant
therein.
b. Such sign shall not exceed four (4) square feet in
area.
c. Such sign shall be setback a minimum of five (5)
feet from any property line.
d. Such sign shall not be located at a height above six
(6) feet.
(e) Incidental signs:
(1) A multi-family or nonresidential principal building may
display incidental signs provided:
a. Such signs are flat mounted against the building,
window or door.
b. Such signs shall not exceed a total area of two (2)
square feet.
(f) Revolving signs: A revolving sign, specifically that of a striped
barber pole, is allowed only in conjunction with a barber shop.
(g) External illumination, if used, shall not be blinking, fluctuating or
moving. Light rays shall shine only upon the property within the
premises and shall not spill over the property lines in any direction,
except by indirect reflection.
(h) Any premises or principal building may erect one (1) real estate or
construction sign advertising specific property for sale, rent, lease,
development or construction, located on the premises, provided:
(1) Sale, rent or lease (real estate) signs shall not exceed six (6)
square feet in area.
(2) Development or construction signs shall not exceed thirty-five
(35) square feet in area.
(i) Any premises may display one (1) on-premises freestanding sign subject
to the following restrictions:
(1) Area. Freestanding signs shall not exceed thirty-five (35) square
feet in area.
(2) Height. No freestanding sign shall exceed ten (10) feet in height.
U) Any principal building may display attached signs subject to the
following restrictions:
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(1) One attached sign per each frontage shall be permitted.
(2) Any principal building may display on-premises attached signs
provided:
a. Such sign is mounted parallel to the building to which it
is attached and projects no more than eighteen (18)
inches from that building.
b. Such signs shall not extend beyond the roofline of the
building to which it is attached.
c. The combined total area of such signs shall not exceed
twenty (20) percent of the total area of the wall to which
the sign is attached, not to exceed two hundred (200)
square feet in total area.
(3) Attached signs may be displayed on the side or rear of a building
adjacent to an off-street parking area if the off-street parking area
is thirty-three (33) feet or more in width. Such signs shall be
subject to the same regulations as attached signs on the street
side of the building. However, the side or rear of the building
adjacent to the off-street parking area shall not be included when
calculating the area allowable to attached signs on the street side.
(k) Any principal building may display one (1) projecting sign subject to the
following restrictions:
(1) There is no detached sign on the premises.
(2) Such sign may project horizontally a maximum of six (6) feet,
but shall be setback at least two (2) feet from the back face of the
curb or outer edge of the pavement where there is no curb.
Setback distances for projecting signs which front on state roads
must be approved by the North Carolina Department of
Transportation.
(3) Such signs shall be erected at a height of not less than nine (9)
feet above the sidewalk or other pedestrian passageway.
(4) Such sign shall not exceed beyond the roof line of the building to
which it is attached.
(5) Such sign shall not exceed fifteen (15) square feet in area.
(I) Any premises or principal building may place sandwich board signs on
the public sidewalk subject to the following restrictions:
(1) Number of signs. Any premises, including those containing
multiple businesses, may place only one (1) sandwich board sign
per street frontage.
(2) Area and height. Any sandwich board sign shall not exceed
eight (8) square feet per side in area. In addition, the width of the
sign may not exceed two (2) linear feet, with a maximum height
of four (4) feet. Within these specified maximum dimensions,
creative shapes that reflect the theme of the business being
advertised are encouraged (i.e. ice cream shop may display a
sign in the shape of an ice cream cone).
(3) Display hours. Sandwich board signs shall be displayed only
during operational hours of the business being advertised and
shall not be lighted. These signs must be removed each day at
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the close of business. The hours of business operation shall be
indicated on the inside surface of the sign board.
(4) Location. Sandwich board signs may be placed on the sidewalk
directly in front of the associated use. Along streets with no
parallel parking, sandwich board signs shall be placed on the
sidewalk within four (4) feet of the curb. Along streets with
parallel parking, a two (2) foot step-out zone shall be provided,
and sandwich board signs shall be placed on the sidewalk at least
two (2) feet from the curb but not more than four (4) feet from
the curb. The location of any sandwich board sign shall be at
least twenty (20) feet from any intersection and at least five (5)
feet from any crosswalk or fire hydrant. No sandwich board sign
may be placed where the unobstructed space for the passageway
of pedestrians is reduced to less than four (4) feet. Trees, poles,
signs, hydrants, trash receptacles, tree grates, etc. are all
considered obstructions.
(5) Materials, appearance. The Sign must be constructed of
materials that present a finished appearance. Rough cut plywood
is not acceptable. The sign lettering should be professionally
painted or applied; a "yard sale" or "graffiti" look with hand
painted or paint-stenciled letters is not acceptable, however,
chalkboard signs shall be permitted. The written message of the
sign should be kept to the minimum necessary to communicate
the name of a business or a special message of the business.
(6) Indemnification. Any person erecting a sandwich board sign
shall indemnify and hold harmless New Hanover County and its
officers, agents, and employees from any claim arising out of the
presence of the sign on County property or public rights-of-way.
The person erecting a sandwich board sign shall sign an
indemnification agreement, approved by the County Attorney,
prior to the issuance of a sign permit. The indemnification
agreement shall be accompanied by evidence of insurance
covering the liability assumed in this subsection and the
agreement.
(7) Determination of Location.. Questions as to placement of
sandwich boards shall be determined by the Planning Director or
Chief Zoning Official.
(B) Freestanding signs, pole signs and outdoor advertising signs shall not be
permitted.
(C) Project entrance signs shall be integrated into site entry, structural, and landscape
features and meet the following standards:
i. The sign area shall not exceed seventy-five (75) square feet and its
vertical dimension shall not exceed four (4) feet.
ii. The maximum height of any entry structure shall not exceed six (6) feet.
iii. The sign and any structures shall be located so as to not obstruct the view
of persons entering or leaving the development.
iv. The main and secondary entrances shall be designated on the site plan.
Two (2) monument signs are allowed at the main entrance way, one (1)
on each side of the road or driveway with a combined total area not to
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exceed one-hundred-fifty (150) square feet and with a maximum vertical
dimension offour (4) feet. Secondary entranceways shall be restricted to
one (1) monument sign, not to exceed eighteen (18) square feet in area
and with a vertical dimension of four (4) feet. However, if secondary
entrance way signs are incorporated within an entry wall or other entry
feature, two (2) signs are allowed, one (1) on each side of the access
road, not to exceed a combined total surface area of twenty-seven (27)
square feet and a vertical dimension of four (4) feet.
v. The main entrance way sign text is limited to the development name and
the name of one (1) tenant. Sign area devoted to a tenant name is limited
to twenty-five (25) percent of any sign area. Secondary entrance way text
is limited to the development name only.
vi. Internal illumination is prohibited except for kinetic signs in accordance
with the following:
1. Kinetic signs may be allowed on buildings housing
amphitheaters, cultural arts centers including theaters, meeting
and event centers, museums, and movie theaters except drive-ins
provided that:
a. the kinetic sign shall be displayed on only one (1) wall
of the building;
b. the wall on which the kinetic sign is displayed shall not
front any thoroughfare or arterial road;
c. the kinetic sign shall not strobe or flash, or utilize
graphics, letters, or text;
d. the area of the kinetic sign shall not exceed one thousand
two hundred (1,200) square feet or ten (10) percent of
the area of the building facade on which it is installed,
whichever is less;
e. between the hours of 11 :00 p.m. and 7 :00 a.m., the
kinetic sign color shall be stationary and restricted to one
(1) color; and
f. the kinetic sign shall be approved by the river front
mixed use development property owners' association and
shall be consistent with the architectural guidelines of
the development.
(10) Parking requirements:
(A) Surface parking may not exceed five (5) percent of the total parking area
provided or fifty (50) spaces, which ever is less, for each RFMU development. A
parking structure is considered part of the building footprint when a common
wall is shared between them.
(B) Surface parking shall be located to the side or rear of buildings or in the interior
of a block. Surface parking shall not be located on the riverfront side of
buildings. Surface parking shall be reserved for non-residential uses including
loading areas and emergency vehicle access and must be clearly designated as
such.
(C) There is no minimum or maximum parking limit for residential uses.
(D) On-street parking is permitted but shall not be counted toward required parking
for commercial uses.
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(E) The design of all above-grade parking structures shall be visually compatible
with surrounding structures and shall relate to the design context of the area.
Exterior walls of parking structures shall be designed with materials, colors, and
architectural articulation in a manner that provides a visual compatibility with
adjacent buildings and environment. All parking structures shall be visually
obscured from the river.
Non-residential uses shall be included along first-floor street frontages. Active
uses are encouraged on the sidewalk level of parking structures. Ground floor
structured parking does not satisfy non-residential use requirements.
(II) General site design: Each of the following components shall be included in RFMU
developments. The site plan submitted for review shall include a narrative describing how the
project will incorporate each of these components:
(A) Clearly defined common spaces. Plazas, courtyards, riverwalks and other areas
are necessary to provide for public gathering and interaction. Amenities such as
benches, planters, lighting, fountains, art and landscaping that further the design
theme of the project and encourage interaction are required.
(B) View corridors. Views of the Cape Fear River shall not be significantly
obstructed by buildings or other structures. All developments shall provide view
corridors along streets connecting to the river. Any street that terminates within
fifty (50) feet of the riverwalk shall provide a public space, park or access area
that is a clearly defined entry point to the required riverwalk.
(C) Multi-modal transportation opportunities. Public boating, walking, bicycling, or
water taxi services and the facilities necessary for such uses.
i. Pedestrian accessibility and concentration of development (critical mass)
within a compact, walkable area. Pedestrian circulation shall be clearly
defined with paving materials and/or landscaping and shall connect all
uses.
ii. Bicycle and/or pedestrian connectivity to adjacent or nearby
developments is required, when feasible.
iii. Sidewalks are required on each side of rights-of-way and private streets
throughout the development and are to be installed along all building
frontages. Sidewalks shall maintain a minimum width of twelve (12)
feet. Sidewalk width may be reduced on internal private streets with TRC
approval. Sidewalks may be limited to a single side of rights-of-way or
private streets or sidewalk width may be reduced when right-of-way or
private street abuts streams, ponds, or wetlands or when contextual
design constraints dictate, as determined by the TRC.
(D) Integrated design of the project. Projects require special attention to building
design because ofthe intermixing ofland uses. Functional integration of
residential and commercial uses shall be considered during design of RFMU
projects. The following standards are intended to guide development of such
projects:
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i. Primary building entrances shall be oriented toward public sidewalks
along primary street or riverwalk frontages. Development along new or
existing public streets should provide inviting facades and through
appropriate scale and quality materials should foster a walkable and
enjoyable pedestrian environment.
n. Massing and development scale: No visible facade shall be "blank" or
without features or detail. For buildings greater than thirty-three (33)
feet in width, visible facades shall incorporate periodic transitions no
farther apart than two-thirds (2/3) of the building height in order to create
a vertical orientation. This transition may be achieved by utilizing at least
two methods including, but not limited to the use of facade offsets,
recesses, pilasters or change in materials. For buildings exceeding four
(4) stories or fifty (50) feet, whichever is less, facades shall incorporate a
visual transition to distinguish the building base from the upper floors of
the building. This transition may be achieved by utilizing at least two
methods including, but not limited to the use of building facade offsets,
cornices, belt courses, moldings or other linear motifs.
For buildings greater than fifty (50) feet in width, facades shall be
expressed as two (2) or more separate building facades no greater then
fifty (50) feet in width utilizing the aforementioned methods. The
predominant orientation offenestration (window arrangement) within the
facade shall also be vertical. Horizontal bands or "ribbons" of windows
shall not be permitted within the first four (4) stories or fifty (50) feet of
building height. At least fifty (50) percent of the ground-level fayade
shall be constructed of transparent materials or otherwise designed to
allow pedestrian view of inside activities.
iii. Height relationships: The exterior expression of any building facade
must be distinguished at a point not less than thirteen (13) feet, six (6)
inches above the ground level at the front facade. This distinction may be
accomplished by incorporating features including but not limited to,
horizontal architectural members such as molding, belt courses, or a
change in materials or fenestration.
iv. Screening: All dumpsters, outside storage areas and any ground level
mechanical equipment shall be screened. Screening shall be a minimum
of six (6) feet in height and shall consist of living and non-living material
as specified in Article 8 of this Chapter. Generic chain link fencing shall
not be permitted as a screening alternative.
(E) Dwelling unit size. Minimum residential unit size shall be seven hundred and
fifty (750) square feet.
(F) Connection to the surrounding community. RFMU projects shall be designed as
an integral part of the surrounding community and not as an isolated
development. RFMU developments shall not be gated and shall be
interconnected to any surrounding developments with pedestrian and vehicular
connections. Developments shall include plans for future pedestrian and
vehicular connections to adjacent undeveloped properties.
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(G) Phasing. RFMU projects may be phased. Site plan submittals meeting all
requirements of this ordinance and other applicable sections of the County
Zoning Ordinance shall be considered to be a "phase". Additional phases shall
become part of the existing development. The entire project, including the first
phase and all subsequent phases, shall meet all ordinance requirements as a
unified development at all times. The Technical Review Committee (TRC) may
require all external street interconnections, stonnwater systems, utilities and
other public improvements to be constructed in the first phase to ensure that the
phase will function as a stand alone mixed use development. The first phase of
construction shall commence within twelve (12) months of project approval.
59.9-5 Public space.
(I) Purpose: It is intended that RFMU developments incorporate public spaces, including
but not limited to: natural wetlands, forested areas, atriums, parks, the riverwalk, internal
courtyards, plazas, or other undisturbed or improved spaces.
Each RFMU project shall contain a minimum ten (10) percent functional public space, in addition
to a riverwalk as defined in 59.9-5(2) of this section. Rights-of-way, other than street sidewalks,
may be included within public space calculations only if the right-of-way serves a primarily
pedestrian function.
Public spaces shall be pedestrian-oriented and shall shape the design and character of the project
through a connecting system of pedestrian areas that create a relationship among the various
components of the built environment. The pedestrian spaces shall include features such as
landscaping, gardens, benches, artwork, sculpture and water features to improve their appeal.
These spaces shall also provide a pleasant gathering place for transit users. Public space areas
shall provide adequate amenities for comfort and convenience such as seating, lighting,
directional signage, bicycle racks, drinking fountains, shelters, trash receptacles, or public
restrooms.
To ensure that public spaces are well used, they shall be visible, easily accessible by the public
and barrier free with multiple points of entry from public areas (streets, sidewalks, walkways, the
riverwalk, and bike paths). Public space shall be oriented to maximize exposure to the water and
scenic views. Streets perpendicular to the river shoreline shall be designed as landscaped
corridors that terminate with pedestrian access to the river. Public spaces may be either natural or
recreational. "Natural" public spaces are intended to protect natural resources, protect water
quality and provide habitat for wildlife. "Recreational" public spaces are intended to provide
active or passive recreation opportunities. Public spaces shall have linkages that reinforce
pedestrian movement. Merchandise and eating areas shall be designed to be contiguous with
public spaces and pedestrian ways.
Plants used in landscaping areas shall be native species, of the highest quality and of sufficient
quantity and scale to make a visual impact. Plantings shall be selected and located so that their
functional and aesthetic qualities can be maximized. Public space shall provide areas shaded by
trees and/or structures. Small-scale stonn water treatment shall be integrated into the landscaping
wherever possible, including recessed landscaped areas with curb openings or sloped curbs to
serve as rain gardens or bioinfiltration areas. Restoration of wetland vegetation is encouraged
along the riverfront.
3/1/2007 Page 12 of 15
89
NHCO RFMU 3-12-07 CC
Sites of historic interest or sites providing an opportunity and context for historical interpretation
along the riverfront shall be incorporated into public space areas and appropriately
commemorated and marked with interpretive signage.
Development in the district shall integrate artwork into public space settings wherever possible.
Artwork may consist of free-standing pieces (e.g. sculptures and fountains) or may be integrated
with surroundings (e.g. relief sculpture embedded into pavement or wall, mosaics, murals,
decorative fixtures, etc.) to create a strong visual interest. Artwork should be context-appropriate
and custom-made utilizing local artisans, reinforcing and complementing the character of the
riverfront. Public spaces designed to accommodate live performing arts and public gatherings
should be integrated into the development whenever feasible.
(2) Riverwalk: Riverfront properties possess the unique opportunity to provide public space
adjacent to and along the Cape Fear River corridor. A riverwalk not only provides public access
to the river but also accents significant community asset and draws activity to and along the river
corridor. To serve the purpose of public access to the riverfront, all RFMU developments shall
dedicate the land necessary to provide for the construction of a continuous and contiguous public
riverwalk along the river's edge for a length as defined by the development's boundaries adjacent
to the riverfront.
(A) Easement and access: Public access across the property, between the river's edge
and the public right-of-way, Private Street or structure running parallel with the
river's edge, shall be provided at a minimum width often (10) feet. This access
shall be granted through an easement or other property interest as approved by
the County Attorney. The access shall meet ADA Design Standards.
Developments shall provide public access connections to a riverwalk,
perpendicular to the shoreline at intervals of no more two-hundred (200) feet.
These walkways should be intensively activated with ground level retail
activities, landscaping, and be designed with a series of public spaces to
accentuate the pedestrian experience. This access shall be granted through an
easement or other property interest as approved by the County Attorney. The
access shall meet ADA Design Standards.
The "river's edge" shall be defined as the "Normal High Water" (NHW) level
measured from the water's edge to the proposed building elevation closest to and
facing the river. "Normal High Water" is established by a field representative
from the Division of Coastal Management or by the New Hanover County Local
Permit Officer when an application for a CAMA permit has been submitted.
(B) Riverfront facilities shall provide multi-modal transportation opportunities,
including public boating, walking, bicycling, and public bus or water taxi uses
and the facilities necessary for such uses. Private dock space shall not restrict
public access to the riverwalk.
(C) Construction plans for riverwalk shall be approved by the County Manager or
designee, in consultation with the County Engineer, and shall be designed to
accommodate future connections to adjacent parcels.
(3) Dock space: Private dock space shall not restrict public access to the riverwalk.
3/1/2007 Page 13 of 15
90
NHCO RFMU 3-12-07 CC
59.9-6 Procedural requirements for the establishment of a RFMU District. Proposals for a
RFMU District shall be processed in three (3) stages: I) conceptual review, 2) rezoning
application/preliminary site plan; and 3) final plan/site plan. The conceptual plan shall
represent the applicant's general sketch and impression of the anticipated pattern of
development planned for the development. The preliminary site plan shall be reviewed by
the Technical Review Committee prior to submission of an application for Planning
Board agenda and shall contain the following information:
a. Tract boundaries and total area and location of adjoining land parcels and
roadways;
b. Existing zoning of the tract and neighboring parcels and proposed tract zoning;
c. Proposed use ofland, structures and other improvements. For residential uses,
this shall include number, height and type of units and site plan outlining area to
be occupied by each structure and/or subdivided lot boundaries. For non-
residential uses, this shall include approximate square footage and height of each
structure, an outline of the area it will occupy and the specific purpose for which
it will be used;
d. Development schedule including proposed phasing;
e. Traffic and Parking Plan to include a statement of impact concerning local traffic
near the tract, proposed right-of-way dedication, plans for access to and from the
tract, location, width and right-of-way for internal streets and location,
arrangement and access provisions for parking areas; A transportation
information sheet is required for any development that will generate more than
100 trips during the peak hour, a traffic impact study may also be required. The
study shall be prepared in accordance with Standards and Guidelines approved
by the County and shall be submitted at least four weeks prior to the first
scheduled meeting a the project's review. (5/02)
f. All existing and proposed easements, reservations, required setbacks, rights-of-
way, buffering and signage;
g. The one hundred (100) year flood plain line;
h. Location and sizing of trees required to be protected under Section 67 of the
Zoning Ordinance and in the provisions for this district.
1. Any additional conditions and requirements, which represent greater restrictions
on development and use of the tract which may include federal, state or local
ordinances or planning documents.
J. Any other information that will facilitate review ofthe proposed change.
The final plan shall provide the document on which building permits and other applicable
County approvals are issued.
Additional Definitions
Way-finding sign: A sign of which the message is exclusively limited to guiding the circulation of
and providing direction for motorists or pedestrians within the site.
Building base: The lower levels of a building that do not exceed four (4) stories or fifty
(50) feet, whichever is less, and are distinguished architecturally from the upper floors of
the building.
3/1/2007 Page 14 of 15
91
NHCO RFMU 3-12-07 CC
Fenestration: The arrangement and design of openings, such as windows, within a building.
Normal High Water (NHW): The ordinary extent of high tide based on site conditions
such as presence and location of vegetation, which has its distribution influenced by tidal
action, and the location of the apparent high tide line.
Kinetic sign: means a sign that depicts motion either illusory or actual.
3/1/2007 Page 15 of 15
92
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96
97
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98
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Regular Item #: 7.3 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Public Hearing
Road Closure (SC-83, 01/07) - Request by James D. Smith for Ronald Strickland to Close a Portion of Allen Avenue
BRIEF SUMMARY:
On behalf of Ronald Strickland, Attorney James D. Smith has petitioned the County to close a 100 x 20 foot segment of
Allen Avenue. Allen Avenue is an unimproved right-of-way that serves access to several homes located near the
Intracoastal Waterway. County Engineering and County Fire Services have expressed concern regarding closing the road.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Staff recommends that the road remain open.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
S C-83revised. doc Road Closing-Allen A venue Itr. doc
adjacent property map and aerial photo
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Denied 5-0.
99
CASE: SC-83, 01/07
APPLICANT: James D. Smith for Ronald Strickland
REQUEST: Close a Portion of Allen Avenue
LOCATION: Near the Eastern End of Loder Avenue, Myrtle Grove Community
Backe:round Information
On behalf of Ronald Strickland, Attorney James D. Smith has petitioned the County
to close a 100 x 20 foot segment of Allen Avenue located off the eastern end, south,
and running perpendicular to Loder Avenue. This road is a part of Plat Book 3,
Page 10 recorded in the Registry of New Hanover County. Allen Avenue is an
unimproved right-of-way that serves access to several homes that are located near
the Intracoastal Waterway. In accordance with N.C.G.S. 153-A-241, the Board of
County Commissioners adopted a Resolution of Intent to close the roadway on
February 5, 2007. A site map depicting the segment of Allen Avenue to be closed is
attached.
Staff Comments
As depicted on the site map and field observation, Allen Avenue is a graveled
unimproved right-of-way with a road right of way width of 20 feet. Presently, the
road serves access to four (4) parcels ofland, one (1) with a residential structure (see
aerial). These four parcels of land are noted on the map as numbers 3 (Keiser), 1
(Strickland), 4 (Strickland), and 9 (Strickland).
In a review of the of the Allen Avenue road closure proposal, County Engineering
staff has indicated that a sewer line runs through the right of way and that the
entire width needs to be retained to accommodate the utility easement. Staff notes
that there is a potential to land lock parcel number 3 (Keiser) if it is sold to a
separate party in the future if the road is closed. County Fire Services has expressed
the same concern for emergency service delivery.
Staff Recommendation
Present utility infrastructure within Allen Avenue along with the potential land
locking concerns should be considered by the Board in deciding whether to close
this segment of the road. For these reasons, staff recommends that the road remain
open.
----..-- .-..--..- -------
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101
New Hanover County
Planning Department
County Annex Building
230 Marketplace Drive, Suite 150
Chris O'Keefe Wilmington, NC 28403
P 910.798.7165
Planning Director F 910.798.7053
January 22, 2007
Mr. James D. Smith
105 South Front Street
Wilmington, NC 28401
Re: Road Closing Application (Portion of Allen Avenue - Myrtle Grove Area)
Dear Mr. Smith:
Please be advised that your road closing application has been received and is being processed by the County
Planning Department. Your request is to close a portion of Allen A venue located off Loder A venue in the
Myrtle Grove area.
The following time line has been created for the road closing request and will be culminate with a public
hearing before the Board of County Commissioners if the Resolution of Intent to close the road is adopted.
Resolution Of Intent Monday, February 5, 2007
Advertised STAR NEWS Friday, February 9, 2007
Advertised STAR NEWS Friday, February 16, 2007
Advertised STAR NEWS Friday, February 23,2007
Advertised STAR NEWS Friday, March 2, 2007
Public Hearing (if Resolution adopted) Monday, March 12, 2007
The County Commissioners will meet on Monday, February 5, 2007 at 5:30 p.m. or soon thereafter in the
General Assembly Room of the Old County Courthouse, 24 North Third Street to consider the Resolution of
Intent.
Contact me if you have any questions. I can be reached at 798-7441.
Sincerely,
/- 'J Iu.A ,~
Sam Burgess
Principal Development Planner f\LE COpy
102
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.
4:00 p.m. 1. Non-Agenda Items (limit three minutes)
4:05 p.m. 2. Approval of Minutes 103
4: 10 p.m. 3. Acceptance of Right- of-Ways in Parmele Woods Subdivision and Common 105
Area/Green Space in Laurel Lea Subdivision for Public Dedication
4:20 p.m. 4. Consideration of Resolution for Condemnation for Water and Sewer Easement 111
4:30 p.m. 5. Consideration of Bradley Creek Outfall Line Rehabilitation Project: 121
Amendment to Contract 07-0128 with HDR Engineering Services and
Approval of Associated Budget Amendment 07-154
4:40 p.m. 6. Consideration of Adoption of Capital Project Ordinance for the Bradley Creek 133
Outfall Line Rehabilitation Project, Award of Contract 07-0295 and
Approval of Associated Budget Amendment 2007-72
4:55 p.m. Break
5:05 p.m. 7. Consideration of New Hanover County 2006 Waste Water Master Plan Update 151
Amendment #2 - Professional Services Proposal for:
Pump Station 77 (Westwood) Force Main Improvements/Diversion
Pump Station 35 (Bradley Creek) Junction Box Redesign
Northeast Interceptor (NEI) Value Engineering and Coordination Services
and Approval of Associated Budget Amendment 2007-73
5:20 p.m. 8. Adoption of Resolution Declaring a 3930 Ford Tractor Surplus, Approving 173
Trade-in and Purchase of a New Holland Compact Track Loader
103
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104
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: District Chairman Kopp
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District Regular Meeting held on February 19,2007.
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.
105
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106
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 3 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Christine Q. Neal
SUBJECT:
Acceptance of Right-of-Ways in Parmele Woods Subdivision and Common Area/Green Space in laurel lea
Subdivision for Public Dedication
BRIEF SUMMARY:
The County is requested to accept the following right of ways for sewer and water purposes:
1) Parmele Woods Subdivision - The County has directed a private developer to install a proposed future County sewer
line in a right-of-way within the Parmele Wood Subdivision. With the installation of this line and in addition to the future
benefits from this sewer installation, the County will be able to service several homes in the area, ahead of the projected
dates. This is the most efficient route for service to this area. Attached is a document accepting the right-of-ways.
2) Laurel Lea Subdivision - The County is in the process of installing a water line and a water concentrate line within the
Porters Neck/Edgewater Road area (as shown on the attached map). Thus, it is necessary to obtain many easements
along this route. The platted common area/green space for Laurel Lea Subdivision was not originally deeded to the District.
The drainage area/easements are platted and offered for public acceptance. Attached is a document accepting the
common area/green space for water and sewer purposes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board accept the right-of-ways in Parmele Woods and common area/green space in the Laurel
Lea subdivision, and authorize the Chairman to execute the documents of acceptance.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer Operating Fund
ATTACHMENTS:
.11~ .11!
.~j .~j
Laurel Lea. jpg Parmele Subdivision. jpg
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
107
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
108
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A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, G.S. Chapter 153A, Article 15 authorizes counties to establish water
and sewer systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish a
water and sewer district; and
WHEREAS, New Hanover County has established the New Hanover County
Water and Sewer District, which District has arranged for construction of a water and
sewer system in the unincorporated County; and
WHEREAS, the District desires to locate portions of the water and sewer system
within dedicated subdivision easements in New Hanover County; and
WHEREAS, various easements in New Hanover County have been dedicated to
the public use by the recordation of a subdivision plat or other map; and
WHEREAS, G.S. 153A-158 authorizes acquisition ofa fee or lesser interest in
real property by gift, grant or other lawful method; and
WHEREAS, the New Hanover County Water and Sewer District desires to accept
the offer of dedication of subdivision streets and easements for the purpose of providing
Sewer and/or water services to County residents by and through the New Hanover
County Water and Sewer District.
NOW, THEREFORE, BE IT RESOLVED as follows:
That New Hanover County Water and Sewer District hereby accepts for sewer
and/or water utility and other purposes, in the District's discretion, the offer of dedication
of the subdivision easement as more fully set forth below:
Description:
Being those streets and easements of Parmele Woods Subdivision as
shown in Map Book 28, Page 143, New Hanover County Registry.
The New Hanover County Water and Sewer District does not accept said
subdivision easements and streets for the purpose of providing any drainage services or
road maintenance whatsoever.
ADOPTED, this the 12th day of March 2007
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
[SEAL]
Chairman
ATTEST:
Clerk to the Board
110
111
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112
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, G.S. Chapter 153A, Article 15 authorizes counties to establish water
and sewer systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish a
water and sewer district; and
WHEREAS, New Hanover County has established the New Hanover County
Water and Sewer District, which District has arranged for construction of a water and
sewer system in the unincorporated County; and
WHEREAS, the District desires to locate portions of the water and sewer system
within dedicated subdivision easements in New Hanover County; and
WHEREAS, various easements in New Hanover County have been dedicated to
the public use by the recordation of a subdivision plat or other map; and
WHEREAS, G.S. 153A-158 authorizes acquisition ofa fee or lesser interest in
real property by gift, grant or other lawful method; and
WHEREAS, the New Hanover County Water and Sewer District desires to accept
the offer of dedication of subdivision streets and common areas for the purpose of
providing Sewer and/or water services to County residents by and through the New
Hanover County Water and Sewer District.
NOW, THEREFORE, BE IT RESOLVED as follows:
That New Hanover County Water and Sewer District hereby accepts for sewer
and/or water utility and other purposes, in the District's discretion, the offer of dedication
of the subdivision easement as more fully set forth below:
Description:
Being that common area designated "Green," "20' Alley," "Common Area
Green Space" and Reunion Road as shown on a plat of Laurel Lea
Subdivision, Phase 1, recorded in Map Book 38, Page 22, New Hanover
County Registry.
The New Hanover County Water and Sewer District does not accept said common
areas or subdivision streets for the purpose of providing any drainage services or
road/common area maintenance whatsoever.
ADOPTED, this the 12th day of March 2007
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
[SEAL]
Chairman
ATTEST:
Clerk to the Board
113
114
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 4 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Christine Q. Neal
SUBJECT:
Consideration of Resolution for Condemnation for Water and Sewer Easement
Tax Parcels: R03705-001-005-000, R03705-001-006-000, R03705-001-007 -000
R03705-001-008-000, R03705-001-011-000, R03705-001-012-000
BRIEF SUMMARY:
Staff has been working with the property owners for the last several months to obtain an easement across the referenced
parcels. All contacts and negotiations have proceeded favorably, and with the exception of the owners of the referenced
parcels, easement acquisition has occurred in a timely fashion. The proposed easement is situated on the properties
adjacent to the existing Porters Neck Road right-of-way and within the existing buildable set back on the property. These
easements were requested, in conjunction with the north County water improvements and future water treatment facility.
When completed, this area will have access to potable drinking water and improved fire protection.
All property owners were initially offered a free %" water tap and waiving of the water development fee and meter fee
(current value of $1 ,770, subject to increase in the near future) for a 10' permanent utility easement. In a second attempt to
expedite the matter, an additional check of $1 ,000 was offered.
These easements are necessary to provide adequate and safe access for installation and future maintenance along this
populated road. In addition to consideration of phone lines and a natural gas line, the North Carolina Department of
Transportation is requiring construction to be 5' from the existing edge of pavement along this route, thus forcing
construction closer to the existing property line. State required separation of water and sewer lines restricts our use of the
opposite side of this road.
Condemnation is necessary to close the easement on these parcels within a reasonable length of time to allow for the
service to the immediate surrounding area and to maintain timely construction progress of this project.
R03705-001-011-000be initiated.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the resolution for condemnation be approved with authorization for the Chairman to execute, if
necessary.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
11
..
.......
Phase 1 cCindem.jpg
115
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Two properties, Cole (R03705-001-008-000) and Duncan (R03705-001-011-000), were voluntarily resolved prior to the
meeting. Resolutions of Condemnation were approved 5-0 for the four remaining parcels.
116
117
This page intentionally left blank.
118
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of Alan E. Cole and Brenda
1. Cole, Deed Book 4475, Page 468, New Hanover County Registry, more specifically
described as a ten foot (10') wide permanent easement adjoining and abutting the
property line ofthe referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the Alan E. Cole and Brenda J. Cole property, Tax Parcel
No. RO 3705-001-008-000, Deed Book 4475, Page 468, New Hanover County Registry
be acquired by condemnation. County staff is hereby authorized to take any and all
actions, including suit, necessary to obtain said real property interest.
This the 12th day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
119
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of Douglas V. Duncan and
Resh H. Duncan, Deed Book 1239, Page 1419, New Hanover County Registry, more
specifically described as a ten foot (10') wide permanent easement adjoining and abutting
the property line of the referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the Douglas V. Duncan and Resh H. Duncan property, Tax
Parcel No. RO 3705-001-011-000, Deed Book 1239, Page 1419, New Hanover County
Registry be acquired by condemnation. County staff is hereby authorized to take any and
all actions, including suit, necessary to obtain said real property interest.
This the 12th day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
120
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of Mark Fallon and Mary T.
Fallon, Deed Book 1725, Page 7, New Hanover County Registry, more specifically
described as a ten foot (10') wide permanent easement adjoining and abutting the
property line of the referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the Mark Fallon and Mary T. Fallon property, Tax Parcel
No. RO 3705-001-012-000, Deed Book 1725, Page 7, New Hanover County Registry be
acquired by condemnation. County staff is hereby authorized to take any and all actions,
including suit, necessary to obtain said real property interest.
This the 12th day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
121
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of Michael J. Madej and
Dylah S. Madej, Deed Book 2745, Page 970, New Hanover County Registry, more
specifically described as a ten foot (10') wide permanent easement adjoining and abutting
the property line of the referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the Michael 1. Madej and Dylah S. Madej property, Tax
Parcel No. RO 3705-001-005-000, Deed Book 2745, Page 970, New Hanover County
Registry be acquired by condemnation. County staff is hereby authorized to take any and
all actions, including suit, necessary to obtain said real property interest.
This the lih day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
122
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of John D. Warren, Deed
Book 1879, Page 491, New Hanover County Registry, more specifically described as a
ten foot (10') wide permanent easement adjoining and abutting the property line of the
referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the Alan E. Cole and Brenda J. Cole property, Tax Parcel
No. RO 3705-001-007-000, Deed Book 1879, Page 491, New Hanover County Registry
be acquired by condemnation. County staff is hereby authorized to take any and all
actions, including suit, necessary to obtain said real property interest.
This the 1 ih day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
123
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, it is necessary for construction of utilities to acquire permanent and
temporary water and sewer utility easements, on the property of William Neches
(Michaelson) Trust, Deed Book 5052, Page 2189, New Hanover County Registry, more
specifically described as a ten foot (10') wide permanent easement adjoining and abutting
the property line of the referenced parcel and Porters Neck Road.
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above referenced easement in that negotiations to acquire said easement have
been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over and across the William Neches Trust property, Tax Parcel No. RO
3705-001-006-000, Deed Book 5052, Page 2189, New Hanover County Registry be
acquired by condemnation. County staff is hereby authorized to take any and all actions,
including suit, necessary to obtain said real property interest.
This the 1 ih day of March 2007.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman
ATTEST:
Clerk to the Board
124
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 5 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Consideration of Bradley Creek Outfall Line Rehabilitation Project: Amendment to Contract 07-0128 with HDR
Engineering Services and Approval of Associated Budget Amendment 07-154
BRIEF SUMMARY:
On August 14, 2006, the Commissioners approved hiring HDR Engineering of the Carolinas as Design Engineer/Project
Manager for the Bradley Creek Outfall Line (BCOL) Rehabilitation Project.
Don Safrit, P.E., of HDR is the Project Manager for this County project. Services provided to the County under this Contract
are Engineering and Design, Bidding and Award, and Project Management Services. This project was advertised January
28-31,2007, with a bid opening date of February 27,2007.
During the planning and design stage, additional sewer manholes in the Bradley Creek sewer basin were noted as
deteriorated and requiring rehabilitation. These manholes were added to the upcoming BCOL rehabilitation via Contract
Addendum #1. The cost of this extra work by HDR Engineering is $13,280.
Engineering requested that HDR also prepare an estimated cost for NEI Regulatory Assistance and Capacity Analysis. The
scope of this work will be to provide regulatory guidance and assistance in discussions and capacity analysis with the NC
Department of Environment Resources/Division of Water Quality. HDR's estimate for this work is $10,000.
The total cost of these items is $23,280.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests approval of associated budget amendment 07-154 in the amount of $23,280 for approval for professional
engineering services to HDR Engineering of the Carolinas.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer District Operating Fund
ATTACHMENTS:
~ ~ ~
... .:.. ... .....
~; ~; ........
. ..
ContI act 07 -0128 Amd No 1. pdf ContI act 07-0128 Amendment H D R Letter. pdf 07-154.doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
125
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
126
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
BUDGET AMENDMENT Number: 07-154
DEPARTMENT: Engineering
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Water and
Sewer District ordinance:
Expenditure Decrease Increase
Water and Sewer Administration:
Contracted Services $23,280
Revenue Decrease Increase
Water and Sewer Finance:
Appropriated Fund Balance (W&S) $23,280
EXPLANATION: To budget for HDR Engineering Contract for additional sewer manholes and NIE infrastructure
analysis.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
127
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
AMENDMENT NO: 1
TO CONTRACT NO: 07-0128
NEW HANOVER COUNTY, NORTH CAROLINA
AMENDMENT TO CONTRACT
THIS AMENDMENT TO CONTRACT, made and entered into this the _ day of
,20_, by and between NEW HANOVER COUNTY, NORTH CAROLINA, a
body politic and corporate of the State of North Carolina (hereinafter called "COUNTY"); and HDR
ENGINEERING, INC. OF THE CAROLINAS, (hereinafter called "ENGINEER").
WIT N E SSE T H:
WHEREAS, the COUNTY and ENGINEER entered into Contract No: 07-0128, dated the 15th
day of November 2006 and
WHEREAS, the COUNTY and ENGINEER now desire to amend such Contract for the purpose
of authorizing services related to water and/or wastewater regulatory assistance and any associated
professional engineering services.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Contract is hereby amended by adding the following Scope of Services and fee
schedule.
1. Scope of Services
Task A - Bradley Creek Junction Box Evaluation
HDR was requested to consider modification of the existing project scope to provide design
services, regulatory approval, bid and award, and construction observation services to abandon the
existing junction box structure and construction of a new junction box. Activities included review
of existing as-built drawings, on-site meetings/discussions with County staff, on-site
meetings/discussions with prospective subconsultants (wetland delineations and surveying), and
structural/electrical considerations.
Efforts involved 37 hours of labor for associated resources (project manager, project engineer,
CAD, electrical engineer, structural engineer and clerical assistance) and included three (3)
separate trips to Wilmington.
Total cost for this activity is $6,195.
Page I of7
128
Task B - Addendum No. 1 - Bradley Creek Outfall Additional Manholes for Rehabilitation
HDR was requested to include thirty-one (31) additional sanitary sewer manholes to the project.
Activities included additional meetings/discussions with County staff, review of existing as-built
drawings of manholes to be included, development of an engineering drawing to accompany the
current design package, development of an Addendum package to address additional contractor
responsibilities and dissemination of Addendum package to Plan Holders' List.
Efforts involved 67 hours of labor for associated resources (project manager, project engineer,
CAD, clerical assistance and QAlQC staff).
Total cost for this activity is $7,085.
Task C - Northeast Interceptor (NEI) Regulatory Assistance / Capacity Analysis
HDR has been requested to provide regulatory assistance to the County associated with the NEI
system. This effort will include discussions and meetings with County staff and NC DENR
Division of Water Quality staff to discuss capacity issues associated with the NEI system and
wastewater treatment facilities.
2. Fee for Services
Compensation for HDR's additional services under this Agreement Amendment for Tasks A and
B will be lump sum and Task C shall be on the basis of hourly rates and expenses. Compensation
for HDR's Services for Task C shall be in accordance with the attached Appendices 1 and 2.
The attached Reimbursable Expenses Schedule (Appendix 1) and Standard Hourly Rates
(Appendix 2) will be effective through December 31,2007. The Reimbursable Expenses
Schedule and Standard Hourly Rates and will be adjusted annually (effective January 1) to reflect
equitable changes in the compensation payable to HDR.
The COUNTY agrees to pay to the ENGINEER for the faithful performance of this contract, a fee
based upon labor and reimbursable expenses, not to exceed twenty-three thousand two hundred
and eighty dollars ($23,280).
This amount is an estimated compensation amount and may not be sufficient to compensate HDR
for all of the services requested by the County. Should it become apparent to HDR that this
estimated compensation amount will be exceeded, HDR shall give the County written notice
thereof. Promptly thereafter the County and HDR shall review the matter of services requested to
be performed and compensation for such services.
3. Proiect Time Schedule
Upon receipt of written directives on a particular issue to address, ENGINEER shall perform the
services requested by the County's designated representative.
Except as modified by this Amendment to Contract, all of the terms, conditions, and covenants set
forth in the above mentioned contract shall remain in full force and effect.
Page 2 of 7
129
4. Commencement and Completion of Work
The ENGINEER for the project under this contract shall commence work under his contract
within ten days after written notice by the COUNTY, and shall fully complete all work thereunder
within the time stated herein.
Page 3 of7
130
IN WITNESS WHEREOF, the COUNTY has caused this Amendment to Contract to be duly
executed in its name and behalf and the ENGINEER has caused this Amendment to Contract to be duly
executed in its name and behalf and its corporate seal to be hereunto affixed, and attested to.
NEW HANOVER COUNTY
County Manager
ATTEST:
Clerk to the Board
HDR ENGINEERING, INe. OF THE CAROLINAS
R. Wayne Moody, P.E., Senior Vice President
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:
County Finance Director County Attorney
NORTH CAROLINA
NEW HANOVER COUNTY
Page 4 of 7
131
I, , a Notary Public of the State and County
aforesaid, certify that Sheila Schult personally came before me this day and 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 County Manager, sealed with
its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this _ day of ,2007.
Notary Public
My commission expires:
STATE OF
COUNTY OF
I, , a Notary Public of the State and County aforesaid, do
hereby certify that personally came before me and acknowledged that (s)he
is Secretary of HDR ENGINEERING, INC. OF THE CAROLINAS, a North Carolina corporation, and
that by authority duly given, the foregoing instrument was signed by its Senior Vice President, sealed
with its corporate seal and attested by himlherself as its Secretary.
WITNESS my hand and official seal, this _ day of ,2007.
Notary Public
My commission expires:
Page 5 of?
132
APPENDIX 1
OF
SPECIFIC CONDITIONS AGREED TO
BETWEEN OWNER AND ENGINEER
This is Appendix 1, consisting of 1 page, referred to in
and part of the Specific Conditions Agreed to between
OWNER and ENGINEER for Professional Services.
Reimbursable Expenses Schedule
Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review
and adjustment per original Agreement. Reimbursable expenses for services performed on the date of the Specific
Conditions are:
FAX $ 0.25 /page
8"xll" Copies/Impression (B/W) $ 0.10 /page
8"xll" Copies (Color) $ 1.00/page
Black Line Print (Size D and E) Copies $ 1.25 /sq. ft.
Reproducible Copies (Mylar) $ 2.75 /sq. ft.
Reproducible Copies (Paper) $ 1.00 /sq. ft.
Mileage (auto) Federal Allowance
Technology Charge (Computer) $ 4.10 /hour
GPS Field Equipment Charge $ 1O.00/hour
Soil Sampling $ 50.00 /sample
TCLP Laboratory Analysis at cost
Long Distance Phone Calls at cost
Mea1s and Lodging at cost
Other at cost
Rate Schedule is effective through December 31,2007.
Page 1 of 1
(Appendix 1- Reimbursable Expenses Schedule)
133
APPENDIX 2
OF
SPECIFIC CONDITIONS AGREED TO
BETWEEN OWNER AND ENGINEER
This is Appendix 2, consisting of 1 page, referred to in
and part of the Specific Conditions Agreed to between
OWNER and ENGINEER for Professional Services.
Standard Hourly Rates Schedule
Current agreements for engineering services stipulate that the standard hourly rates are subject to review
and adjustment per original Agreement. Hourly rates for services performed on the date of the Specific Conditions
are:
Project Principal $ 200.00 /hour
Project Manager $ 175.00 /hour
QA/QC $ 175.00 /hour
Senior Professional Engineer $ 150.00/hour
Senior Professional Geologist $ 150.00/hour
Professional Engineer $ 120.00/hour
Professional Geologist $ 120.00 /hour
Engineering Intern $ 100.00 /hour
Senior Environmental Scientist $ 100.00/hour
Junior Environmental Scientist $ 80.00 /hour
GIS and CAD Technician II $ 90.00 /hour
GIS and CAD Technician I $ 75.00 /hour
Administrative Support Staff $ 70.00 /hour
Electrical Engineer $ 155.00/hour
Structural Engineer $ 160.00 /hour
Construction Observer $ 130.00 /hour
Rate Schedule is effective through December 31, 2007.
Page 1 of 1
(Appendix 2- Standard Hourly Rates Schedule)
134
February 22, 2007
Mr. Gary McSinith, P.E., Chief Project Engin~r
New Hanover County Engineering Department .
230 Market Place Drive, Suite 160
Wilmington, NC 28403
Subject: EngineeringSeivices Amendment
Bradley Creek Outfall Rehabilitation Project
New Hanover County Contract No. 07-0128.
HDR Project No. 349738-44907-01 8
Dear Mr. McSmith:
In accordance with our recent communications regarding this project,HDR has been asked to provide
Engineering Services that lie outside our previously deflnedScope of Services. Please accept thisletter
as a fo~al request and appropriate justification for payment of our additional costs associated. with
these Engineering Services.
The additional costs (U"e associated with the following activities:
Pump Station No.35 (BradlevCreekPump Station) Junction Box Evaluation
o . HDR was requested to consider modification ofthe existing project scope to provide design
services, regulatory approval, bid. and award, ana construction observation services to abandon
the eXistingjunction box structure and construction oh neW junction box. Activities included
review of existing as-:built drawings, on-site meetings/discussions with County staff, on-site
meetings/discussions with prospective subconsultahts (wetland delineations and surveying),
andstructurallelectrical considerations. .
Efforts involved 37hours oflabor for associated resources (project manager, project engineer,
CAD, electrical engineer, 'structural engineer and clerical assistance) and included three (3)
separate trips to Wilmington.
Total cost for this activity is $6,195.
Addendum NO.1-Inclusion of Additional Manholes for Rehabilitation
o HDR Was requested to include thirty-one (31) additional sanitary sewer manholes to the
project. Activities included additioU:al meetings/discussions with County staff, review of
. existing as-built drawings of manholes to be included, development of an engineering draWing
to accompany the current design package, development of an Addendum package to address
additional contractor responsibilities and dissemination of Addendum package to Plan Holders'
List.
HDR Engiltellring.lnc. ofthe Carolina. 991,0-14 Beach OrIVll.. . Phone: (910)575,5880
Calabash. NC 28467 Fax: 191 oi 57~;-5882
WW\-v,hdrint.COfri
New Hanover Bradley Creek Amendment Letter.doc
135
Mr; Gary McSmith, P.E.
. Bradley Creek Rehabilitation Project
February 22, 2007
Pagei . .
Efforts involved 67 hours of labor for associated resources ,(project manager, project engineer,
CAD, clerical assistance andQAlQGstaff).
. .. Totalcostforthis aCtivity is $7,085.
NortheastInterceptor (NED Regulatory Assistance"! Capacity Analvsis
o HDRhas been requested to provide regulatory assistance. to the C01mty asseciated with the
NEI system. Thiseff()rt will includediscussions and meetings with County staff and NC
DENR Division .of Water Quality staff to discllss capacity. issues associated with the NEI
. system and wastewater treatment facilities. Anallocationof$lO,QOOhas been identified ~s a
not-to-exceed time and expense budget for these serVices.
HDR is requesting reimbursementof$13,280 for the Junction Box e"aluation and the Bradley Creek
AddendumNo.l. .. An additional budget of $10,000 is being requested forNEI Regqlatory Assistance.
A suggested Contract Amendment is enclosed for your consideration as. well. . The total cost associated
with this Contract Amendment is $23,280. If you have any questions or would like toJurther discuss.
this matter, please do not hesitateto contact l11e at (910)575-5880.
Sincerely;
DLS/dpo
Enclosures
HDR Engineering, Inc. of the Carolinas
136
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 6 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Consideration of Adoption of Capital Project Ordinance for the Bradley Creek Outfall Line Rehabilitation Project,
Award of Contract 07-0295 and Approval of Associated Budget Amendment 2007-72
BRIEF SUMMARY:
The Bradley Creek Outfall Line (BCOL) begins at Wrightsville Avenue and terminates at the Bradley Creek Pump Station on
Oleander Drive. This is an older sewer line constructed of 24-inch diameter ductile iron pipe. This line drains a large basin
and the flow contributes to the total inflow to the Bradley Creek Pump Station and thus, downstream sewer infrastructure.
As part of ongoing operations and maintenance activities, the BCOL was identified as in need of rehabilitation. On August
14, 2006, the Commissioners approved a contract with HDR Engineering as our Design Engineer/Project Manager for the
line and manhole rehabilitation.
The project developed by HDR is a rehabilitation of the Bradley Creek Outfall Line utilizing a process called Cured-In-Place-
Pipe (CIPP). A new polyethylene liner will be inserted inside the existing 24-inch diameter sewer line and a lining material
will be applied to the interior of all the outfall line manholes. The intent is to create a watertight line and manhole system
which will extend the life of the sewer line, reduce groundwater infiltration into the line, and prevent any leakage from the
line to the adjacent environment.
This project was advertised January 28-31,2007, with a bid opening date of February 27,2007.
On February 27,2007, bids were received in the NHC Engineering Department forthe CIPP and manhole lining work for
this sewer line. The successful bid was $961,347 by Reynolds, Inc. The draft contract is available for review in the County
Manger's office.
Additional costs associated with this project are as follows:
Item Cost
Environmental Issues & Permitting Funding $ 50,000
Access & Easement Issues Funding $ 100,000
Public Relations & Information Funding $ 15,000
Manhole rehabilitation funding due to data results
from COM basin flow monitoring study $ 50,000
Manhole rehabilitation funding due to field inspection
by NHC Operations & Maintenance personnel $ 50,000
Total additional project costs: $ 265,000
137
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request adoption of the Capital Project Ordinance. Staff recommends award of contract 07-0295 to Reynolds, Inc., in the
amount of $961 ,347 for the BCOL Rehabilitation Project; request approval of associated budget amendment 2007-72.
Staff also recommends funding of the additional costs as tabulated above for this project.
The total recommended funding for this project is thus $1,226,347.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~
... .:.. ... .:..
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C P B R.AD LEY( R E E KO UTF,~.LLLI r~ E .doc BC OL Contract 07-0285.pdf Bradle}' Creek Outfall Bid Summar}'.pdf
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Bradle}' Creek Outfall Line.pdf 2007 -72. doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
The County Manager removed the request for approval of additional costs associated with the project totaling $265,000.
This action requires the amount in the project ordinance as well as the amount on budget amendment 2007-72 to be
changed to $961,347. The item was approved 4-1, Greer dissenting, with the changes. The items removed will be further
clarified and brought back to the Board at a later date.
138
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
Capital Projects
BUDGET AMENDMENT Number: 2007-72
DEPARTMENT: Water & Sewer/ Bradley Creek Outfall Line Rehabilitation Capital Project
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:
Expenditure Decrease Increase
Water & Sewer:
Transfer to Capital Projects $1,226,347
Engineering - Sewer $420,000
Bradley Creek Outfall Line Rehab:
Transfer in from Fund 800 $1,226,347
Revenue Decrease Increase
Water & Sewer:
Appropriated Fund Balance (W&S) $806,347
Bradley Creek Outfall Line Rehab:
Capital Project Expense $1,226,347
EXPLANA TION: To establish budget for the Bradley Creek Outfall Line Rehabilitation Capital Project.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Greer dissenting, in the amount of $961 ,347.
139
PROJECT ORDINANCE
BRADLEY CREEK OUTFALL LINE REHABILITATION
BE IT ORDAINED, by the Board of Commissioners of the New Hanover County
Water and Sewer District:
1. New Hanover County Water and Sewer District (District) is engaged in
the Construction of the Bradley Creek Outfall Line Rehabilitation, which capital
project involves the construction and/or acquisition of capital assets.
2. District desires to authorize and budget for said project in a project
ordinance adopted pursuant to North Carolina General Statute $159-13.2, such
ordinance to authorize all appropriations necessary for the completion of said
project.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General
Statute $159-13.2.
2. The project undertaken pursuant to this ordinance is the Construction
of the Bradley Creek Outfall Line Rehabil i tat ion, which project is herewith
authorized.
3. The revenue that will finance said project is:
Transfer from Enterprise Fund (Fund 800) $1,226.347
Total $1, 226, 347
-".--
140
4. The following appropriations necessary for the project are herewith
made from the revenue listed above:
Capital Project Expense $1, 226, 347
Total $1, 226, 347
5. This project ordinance shall be entered in the minutes of the Board of
COrIUnissioners of the New Hanover County Water and Sewer District. Within five
days hereof, copies of this ordinance shall be filed with the finance and budget
offices in New Hanover County, and with the Clerk to the Board of COrIUnissioners
of the New Hanover County Water and Sewer District.
Adopted this day of , 2007.
Clerk to the Board William A Kopp, Jr., Chairman
Board of County COrIUnissioners
Water and Sewer District
141
142
.
.. NBRUARY 27, ZOt}7
Dtawings and Specifications were available for pubIie"leview during the advertisement period at
tblH~llowing loC\a.t1oos: .
..
1. AG.C, Offices, Wilmington, Ralclgfland Fayetteville, North Carolina.
2. F.W. Dodge Offices, Morrisville and Charlotte, North Carolina.
3. HCAC Plan Room, 6503 Hilburn Drive, Raleigh, North Carolina.
4. HDR Engineering, Inc. of the Carolinas, 9970-14 Beach Drive, Calabash, North Carolina,
28467.
5. New Hanover County Governmental Center, Engineering Department, 230 Market Place
Dive, Wilmington, North Carolina.
Engineering Report for NHC Be I
143
.
VllI. RECOMMlmNDATIONS
Based on our bid evaluatioll, we make the following recommendatioA tOo the County:
A ward the Contract to the loweS; responsive, ~ponsible bidder,
in the amount of~9Pl>347.00. . . ..
Engineering Report fQr NllC llC 2
144
Engineering Report for NHe Be 3
145
ATTENDANCE REGISTER
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154
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 7 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Consideration of New Hanover County 2006 Waste Water Master Plan (WWMP) Update Amendment #2 -
Professional Services Proposal for:
- Pump Station 77 (Westwood) Force Main ImprovementslDiversion
- Pump Station 35 (Bradley Creek) Junction Box Redesign
- Northeast Interceptor (NEI) Value Engineering and Coordination Services
and Approval of Associated Budget Amendment 2007-73
BRIEF SUMMARY:
The City of Wilmington and New Hanover County have been working closely to resolve the issues associated with the
Northeast Interceptor, (NEI). McKim and Creed is the County's engineer working on the system-wide sewer master plan.
They have developed an alternative to the proposed project initially presented by the City. This alternative provides the
same or a greater level of performance in all cases of redundancy and event management, but also allows for flow
management in a system-wide context. Under the McKim and Creed alternative, flows can be diverted from the Southside
Waste Water Treatment Plant to the Northside Waste Water Treatment Plant. This higher level of flow management is
needed to manage capacity at both plants and will help increase the service life of both plants, and avoid possible
moratoria.
The alternative has been accepted by the City and work is proceeding. Modifications to the County's system is necessary
to accommodate the NEI modifications. McKim and Creed has provided the attached proposal for professional services
(Amendment #2) for this work which includes design, permitting, routing and easement mapping and coordination with the
City's engineer. This work will involve engineering services for Pump Station 77 (Westwood), Pump Station 35 (Bradley
Creek), and NEI volume engineering and coordination services.
Additionally, the scope of services for the Sewer Master Plan has been expanded to include a review of the SCADA
systems for both the City and County. Improvements in the system will provide a valuable tool in the management and
operation of the NEI as well as the combined sewer system of the City and County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests approval of the proposed Amendment # 2 in the amount of $1 07,900 for the PS 77 and PS 35 engineering
services, with additional funding of $16,800 for any required Easement and/or Wetlands Mapping services and the SCADA
System of $15,000 for a total of $139,700. Currently, there is $51,808 in this line item; therefore, budget amendment 2007-
73 is needed in the amount of $87,892.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer General Water and Sewer Capital Project
ATTACHMENTS:
155
~ ~ ~
... .:.. ... .:..
~~ ........ '.me'
. ..
2006 M KC WWM P Amendment2. pdf 2007 -73. doc PWG70214 Proposal Ur,pdf
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
156
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Budget Amendment
Capital Projects
BUDGET AMENDMENT Number: 2007-73
DEPARTMENT: Engineering
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:
Expenditure Decrease Increase
General Water and Sewer Capital
Projects:
Capital Project Expense $87,892
Water and Sewer Administration:
Transfer to Capital Project $87,892
Revenue Decrease Increase
Water and Sewer Finance:
Appropriated Fund Balance $87,892
General Water and Sewer Capital
Projects:
Transfer In $87,892
EXPLANATION: To budget for Amendment #2,2006 Wastewater Master Plan.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
157
..
~ MCKlJv1&CREED ENGINEERS
SURVEYORS
PLANNERS
February 26, 2007 PW070183
Mr. Greg Thompson, PE
County Engineer
New Hanover County
Engineering Department
230 Market Place, Suite 160
Wilmington, NC 28403
RE: 2006 Wastewater Master Plan Update
Amendment 2 - Professional Services Proposal
. Pump Station 77 (Westwood) Force Main Improvements & PS 35
Junction Box Redesign
. Northeast Interceptor Value Engineering & Coordination Services
Dear Mr. Thompson:
McKim & Creed is pleased to submit this Amendment No.2 to the professional
engineering services contract for the County of Wilmington - New Hanover
County 2006 Wastewater Master Plan Update, dated September 5,2006. Our
proposal for Amendment No.2 is detailed as follows:
I. Project Understanding
Pursuant to the 2001 Wastewater Master Plan and the recently completed
Northeast Interceptor Redundancy & Reliability Evaluation, Pump Station 77 (PS 77)
will be redirected for discharge to the Ogden Interceptor. Currently, PS 77
discharges to the Northeast Interceptor (NEI) which conveys wastewater to the
Southside Wastewater Treatment Plant (WWTP). By diversion to the Ogden
Interceptor, the wastewater flow tributary to PS 77 will be conveyed to the
Northside WWTP. The purpose of this diversion is to reduce wastewater flow
243 North Front Street through the NEI as well as provide for management of flow and capacity at the
Wilmington. NC 28401 noted treatment facilities. In order to achieve this diversion, approximately
6,000 feet of new 16-inch diameter force main will be required, which will
connect to the existing PS 77 force main and discharge to the upper end of the
910.343 1048
Fax 910251 8282
www.mckimcreed com
158
Mr. Greg Thompson, PE
February 26, 2007
Page 2 of 10
Ogden Interceptor near Market Street and Military Cut-Off Road. McKim &
Creed will provide routing, design, bid & award, easement surveying, and
construction phase services to accomplish this project.
Additionally, the New Hanover County junction box at PS 35 (Bradley Creek)
must be redesigned as well as the existing force main connections to this
junction box. Pursuant to recommendations provided in the KHA Northeast
Interceptor Preliminary Engineering Report (Technical Memorandum 2-
Operational Evaluation) the PS 35 junction box is recommended for replacement
with a new 10 foot diameter pre-cast concrete manhole. The existing force main
connections will be reconfigured for discharge to the new 10 foot manhole. Two
additional proposed manholes are also proposed for the incoming gravity sewer
mains. Reference Figures TM 2.3, TM 2.4, and TM 2.5 in the KHA report for
general detail of improvements recommended at this site.
McKim & Creed will also provide value engineering and technical coordination
related to on-going and future work related to improvements to the NEI system.
Kimley-Horn & Associates (KHA) has been authorized by the County of
Wilmington (COW) to evaluate the NEI system, provide recommendations for
improvements, and design services for such improvements. On behalf of New
Hanover County, McKim & Creed will coordinate with KHA for review of
proposed configurations, provide value engineering for modifications, and
provide technical assistance to New Hanover County.
Our Scope of Services to complete this project is as follows:
II. Scope of Services
Task 1: PS 77 Force Main Improvements & New Hanover County PS 35
Junction Box Redesign
This Task will encompass the route identification, design, easement mapping,
bid & award and construction phase services for approximately 6,000 linear feet
of 16-inch diameter sewer force main. This task will also include a redesign of
New Hanover County junction box at PS 35 including force main and gravity
reconnections at this location. Our detailed scope is as follows:
Item A: Desi~n Phase
. Perform field reconnaissance and determine preliminary route
alternatives for installation of the new sewer force main. Identify areas
P:\PW07\ PW070183 NHC PS 77 & NEI Coord \Propos.I.Doe ..
$MCJ<IM&CREED
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Mr. Greg Thompson, PE
February 26, 2007
Page 3 of 10
that may require alternative means of construction, including bore & jack
and directional drilling. These areas will be reviewed with the owner
and NCDOT (if applicable). Compile and research data on existing
utilities, previous projects, and the record drawings as required. Upon
determination of existing utility locations, identify areas of significant
conflicts and coordinate with County staff for test pits to field verify
depth, material, size, etc. (if required).
. Hydraulic calculations and recommendation for modifications to PS 77
pumps. For the purposes of this scope of work, it is assumed that PS 77
will require a change in impeller diameters only. Electrical
improvements such as pump/motor replacement, starter or VFD
additions, or electrical service modifications are not included in this
scope of work.
. Horizontal and vertical survey of the force main routes and topographic
survey of the proposed pump station site.
. Prepare preliminary recommendations for easements to allow for
preliminary acquisition discussion with applicable landowners.
. Based on proposed routing, McKim & Creed will identify potential traffic
control issues. Traffic control measures will conform to the latest
standards as set forth in the NCDOT Manual on Uniform Traffic Control
Devices.
. Determine the location (if any) of wetlands along the selected pipeline
route.
. Provide field survey of the existing junction box and incoming pipelines
at the PS 35 Bradley Creek pump station to include horizontal and
vertical elevations.
. Prepare plan and profile of incoming gravity mains and force mains to
the PS 35 junction box. Prepare details of connections and modifications
at this junction box.
. Prepare sequence of operation for modifications of the PS 35 junction box
to provide for handling of current incoming wastewater flow during
construction.
P,\PW07\PW070183 NHC PS 77 & NEI Coord\Proposal.Doc .
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Mr. Greg Thompson, PE
February 26, 2007
Page 4 of 10
. Prepare and submit 50% design documents and specifications to the
County for staff review. Construction Plans will be prepared at I" = 50'
scale on 24" x 36" media. Corresponding profiles will be developed for
the pipeline route.
. Conduct design review conference with County staff based on the 50%
submittal.
. Perform a walk-through of the selected project route with County staff.
. Incorporate 50% design review comments from County staff in contract
documents and specifications.
. Finalize design to comply with County standard details and
specifications
. Incorporate County standard contract documents and general conditions
as part of the Technical specifications package.
. Compile quantity take-off for project. Prepare preliminary bid form with
unit items and measurement of payment.
. Finalize construction contract documents and submit 100% design to
County staff for review.
. Submit final construction documents to NCDENR Land Quality,
NCDENR Division of Water Quality, NCDENR Storm Water and all
other necessary review & permitting agencies.
. Provide opinion of probable construction cost of the final design
documents prior to bid and award.
Item B: Bid & Award Phase
. Prepare and furnish Bidding Documents for review and approval by
OWNER and its legal counsel, as appropriate.
P:\PW07\PW070183 NHC PS 77 & NEI Coord\Proposal.Doc .
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Mr. Greg Thompson, PE
February 26, 2007
Page 5 of 10
. After acceptance of the Bidding Documents by the County, advertise
project for a 30-day period in local plan rooms (Dodge and AGe) and
local newspaper (Star News).
. Provide three sets of reproducible plans and specifications to the County
for on-site Contractor review purposes.
. Issue Biding Documents to prospective Bidders. Maintain a record of
prospective bidders to whom Bidding Documents have been issued.
. Respond to bidder inquires and prepare Addenda as required. Addenda
shall be submitted in reproducible format to the local Dodge and AGC
plan rooms.
. Provide faxed copies of Addenda to plan holders.
. Conduct bid opening at County offices.
. Review and tabulate bids, summarizing all Contractors' bids on each bid
item using Excel spreadsheet. Deliver to the County in Microsoft Excel
2000 format.
. Provide Recommendation of Award to the County.
Item C: Construction Administration
. Schedule and conduct pre-construction conference. Prepare and
distribute minutes.
. Schedule and conduct progress meetings on a monthly basis. Prepare
and distribute minutes.
. Review and approve shop drawings from contractor.
. Endeavor to resolve problems in a timely manner as work proceeds and
involve appropriate parties In resolving disputes and problems
associated with the project.
. Coordinate and document pre-purchased items with the Contractor.
p, \ PW07\PW070183 NHC PS 77 & NEI Coord \ Propos.LDoe .
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Mr. Greg Thompson, PE
February 26, 2007
Page 6 of 10
. Pay request review and recommendation for payment to County.
. Change Order review and recommendation to County.
Item D: Construction Observation
. Provide field observation at approximately 32 hours per week for 10
weeks (field visits to be documented with weekly reports delivered to
County no later than 12pm on each Friday). This report shall detail and
provide chronology of events occurring for that week.
. Field verify quantities of work completed for pay application processing.
Item E: Proiect Close-out
. Perform inspections of project at Substantial and Final Completion.
Prepare punch-list and coordinate completion of punch-list items with
contractor. Prepare As-Built plans in AutoCAD Format and provide
mylars with electronic files on CD to County.
Task 2: NEI Value Engineering & Coordination
Task 2 will include professional engineering services related to the ongoing
work with the NEI system. Our scope of services will include the following:
. Provide review and technical comments regarding proposed
modifications to the NEI system. This shall include review of draft and
final engineering reports prepared by outside engineering consultants as
directed by the County.
. Provide assistance and coordination to outside engineering consultants
based on findings of the NEI Reliability & Redundancy Evaluation
recently prepared by McKim & Creed.
. Plan & specification review of contract drawings developed by the COW
and/or New Hanover County for proposed modifications to the NEI
system. McKim & Creed will provide a summary written review of
noted comments, questions, and areas of concern.
P:\PW07\PW0701B3 NHC PS 77 & NEI Coord\Proposal.Doc .
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Mr. Greg Thompson, PE
February 26, 2007
Page 7 of 10
. Meetings with the COW or New Hanover County to review plans and
specifications
. Attend at design meetings with the COW and New Hanover County.
. Meetings with elected officials and attendance at public meetings for
presentations or to field questions related to the NEI system or the 2006
Master Plan Update.
III. Additional Services (Not Included)
The Professional Services stated herein above do not include the costs of, but can
be provided if requested, pursuant to the previously submitted 2006 Hourly
Rate Schedule.
. Easement Mapping for State Trust Waters Easement
. Soils Investigations
. Hydrogeological Investigations
. Geotechnical Investigations
. Court appearances for expert witness
. Site analysis report
. Irrigation design and details
. Retaining wall and structural engineering design
. Design of fountains or other water features
. Off-site channelization or drainage improvements
. CAMA permit preparation and submittal
. Environmental Assessments, Environmental Impact Statements or
biological surveys for endangered species.
. Subsurface Utility Engineering
. Application fees for plan approval or construction permits;
. Redesigns of facilities after approval of final plans; or
. Court appearances for litigation, or preparation for the same.
IV. Schedule
Upon executed Authorization to Proceed, we will complete the proposed Scope
of Work as follows:
P,\PW07\PW070183 NHC PS 77 & NEI Coord\ProposaLDoc
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$MCJ<IM&CREED
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Mr. Greg Thompson, PE
February 26,2007
Page 8 of 10
Task 1- PS 77 Force Main Improvements & PS 35 Junction Box Redesign
. Notice to Proceed o Calendar Days
. Complete Design & Permit Submittal 75 Calendar Days
. Advertise for Bids 135 Calendar Days
. Open Bids 165 Calendar Days
. Notice to Proceed 195 Calendar Days
. Complete Construction 315 Calendar Days
Task 2 - NEI Value Engineering & Coordination
. Notice to Proceed o Calendar Days
. Complete Task 120 Calendar Days
v. Fee Compensation
McKim & Creed, P.A. will perform the services outlined in the Scope of Work
detailed above as indicated below:
Task 1 - PS 77 Force Main Improvements & PS 35 Junction Box Redesign
Item Fee Fee Type
Item A: Design Phase $32,700 Fixed Fee
Item B: Bid & Award Phase $7,500 Fixed Fee
Item C: Construction Administration $13.500 Fixed Fee
Item 0: Construction Observation $27,700 Hourlv Not to Exceed
Item E: Proiect Closeout $1,500 Fixed Fee
Total Task 1- Estimated Fee $82,900
Included Additional Services
Upon authorization by New Hanover County, McKim & Creed will provide the
following scopes of work on a unit price basis:
Unit Price Task Al - Easement Survey & Mapping - McKim & Creed will provide
easement survey & mapping on an as needed basis dependent upon final force
main routing. For the purposes of this proposal, twelve (12) easements have
been included at an approximate cost of $900 per easement. Therefore, the total
P:\PW07\PW070183 NHC PS 77 & NEl Coord \ ProposalDoc .
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Mr. Greg Thompson, PE
February 26, 2007
Page 9 of 10
estimated fee for this task is $10,800. If required, these services will be
performed based on the previously submitted 2006 Hourly Rate Schedule.
Unit Price Task 2' - Wetlands Delineation & Mapping - McKim & Creed will
perform wetland delineation and subsequent survey mapping for submittal to
the US Army Corps of Engineers. For the purposes of this proposat these
services have been estimated at a fee of $6,000. If required, these services will be
performed based on the previously submitted 2006 Hourly Rate Schedule.
Unit Price Task Fees for Task 1
. Unit Price Task' AI' $10,800
. Unit Price Task' A2' $6,000
Total Unit Price Fee Amount $16,800
Task 2 - NEI Value Engineering & Coordination
McKim & Creed will provide the scope of services outline for Task 2 for the
fixed fee amount of $25,000.
VI. Billing and Payment
McKim & Creed, P.A. (the "Engineer") will invoice New Hanover County
monthly for services performed and expenses incurred pursuant to this
Agreement during the prior month. Payment of each such invoice will be due
upon receipt and considered past due if not paid within thirty (30) days of the
date of the invoice. A service charge will be added to delinquent accounts at 18
percent per annum (1.5 percent per month).
VII. Acceptance and Authorization
If this proposal is acceptable, please sign below as indicated and return one
executed copy to our office. Upon receipt McKim & Creed will consider this as
the authorization to proceed.
We appreciate the opportunity to provide these services and look forward to our
continuing work with New Hanover County. If you have any questions, please
do not hesitate to contact me.
Sincerely,
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Mr. Greg Thompson, PE
February 26, 2007
Page 10 of 10
McKIM & CREED, P A
I~
Tony Boahn, P.E.
Vice-President
/bhc
I hereby authorize McKim & Creed, P A to proceed with the work described
above.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
By: Date:
Title:
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.
. MCJ<ThtI&CREED ENGINEERS
SURVEYORS
PLANNERS
February 28, 2007 PW070214
Mr. Greg Thompson, PE
County Engineer
New Hanover County
Engineering Department
230 Market Place, Suite 160
Wilmington, NC 28403
RE: 2006 Wastewater Master Plan Update
Amendment 3 - Professional Services Proposal
SCADA System Consolidation Evaluation
Dear Mr. Thompson:
McKim & Creed is pleased to submit this Amendment No.3 to the professional
engineering services contract for the County of Wilmington - New Hanover
CoUnty 2006 Wastewater Master Plan Update, dated September 5,2006. Our
proposal for Amendment No. 3:iS detailed as follows:
I. Project Understanding
Ne~ Hanover County (County) and the City of Wilmington (City) are pursuing
consolidation of their respective water and wastewater systems, in which a
Water and Sewer Authority would be established that would unify operation
and maintenance of those systems. A key component of centralized operations
and maintenance of utility systems involves the use and implementation of
Supervisory Control and Data Acquisition (SCAD A). Currently, the County and
City operate separate and independent SCAOA systems for their utility systems,
which would ultimately be merged in the utility consolidation process.
McKim & Creed will provide a cursory review of both the County and City
243 North Front Street SCAOA systems to examine the compatibility of the software systems and
Wilmington NC 28401 provide basic strategies to combine and/or merge the systems. Our detailed
scope of work is as follows:
910.343 1048
Fax 910251.8282
www_mckimcreed com
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Mr. Greg Thompson, PE
February 28, 2007
Page 2 of4
II. Scope of Services
McKim & Creed will review the County and City SCADA systems and provide
recommendations regarding a merger of the respective systems. The primary
tasks provided under this scope of services are as follows:
.. Field review of County and City systems to obtain pertinent data about
existing SCADA configuration and components.
.. Hold two meetings with staff to gather existing and requested
functionality. One meeting with County staff and one meeting with City
staff is in:guded in this scope of work.
:1.
.. Review radio licensing utilized by each entity as well as a preliminary
review of additional licensing availability from FCC. Other potential
forms of communications will also be noted.
.. Examine compatibility of existing SCADA software systems and evaluate
strategies to build a combined system.
.. Consider various options regarding possible new equipment,
communications, integration, maintainability, and technology.
.. Prepare letter report to summarize conclusions and recommendations.
III. Additional Services (Not Included)
The Professional Services stated herein above do not include the costs of, but can
be provided if requested, pursuant to the previously submitted 2006 Hourly
Rate Schedule.
.. Easement Survey & ~apping
.. Design or Integration Services
.. Bid & A ward or Construction Phase Services
. SOils Investigations
. Hydrogeological Investigations
.. Geotechnical Investigations
. Court appearances for expert witness
.. Site analysis report
P,\PW07\PW:r10214 NH County SCADA Rvw\Proposal.Doc ,.
$MCJ<JM&CREED
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I
169
Mr. Greg Thompson, PE
February 28, 2007
Page 3 of 4
. Irrigation design and details
. Retaining wall and structural engineering design
. Design o! fountains or other water features
. Off-site channelization or drainage improvements
. CAMA permit preparation and submittal
. Environmental Assessments, Environmental Impact Statements or
biological surveys for endangered species.
. Subsurface Utility Engineering
. Application fees for plan approval or construction permits;
. Redesigns of facilities after approval of final plans; or
. Court appearances for litigation, or preparation for the same.
IV. Schedule
Upon we are prepared to begin work 45 days after the executed Authorization
to Proceed and will complete the work within 30 calendar days after
commencement of work.
V. Fee Compensation
McKim & Creed, PA will perform the services outlined in the Scope of Work
detailed above for the fixed fee price of $15,000.
VI. Billing and Payment
McKim & Creed, P.A. (the "Engineer") will invoice New Hanover County
monthly for services performed and expenses incurred pursuant to this
Agreement during the prior month. Payment of each such invoice will be due
upon receipt and considered paSt: due if not paid within thirty (30) days of the
date of the invoice. A service charge will be added to delinquent accounts at 18
percent per annum (1.5 percent per month).
VII. Acceptance @d Aut.horization
If this proposal is acceptable, please sign below as indicated and rerum one
executed copy to our office. Upon receipt, McKim & Creed will consider this as
the authorization to proceed.
P:\PW07\PW070214 NH County SCADA Rvw\ProposaLDoc .MCKIM&CREED
170
Mr. Greg Thompson, PE
February 28, 2007
Page 4 of 4
We appreciate the opportunity to provide these services and look forward to our
continuing work with New Hanover County. If you have any questions, please
do not hesitate to contact me.
Sincerely,
McKIM & CREED, PA
2-&'-
Vice-President
/bhc
I hereby authorize McKim & Creed, P A to proceed with the work described
above.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
By: Date:
Title:
p, I PW07IPW070214 NH County SCADA RvwlProposal.Doc ..
$MCKIM:&CREED
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~MCKJM&CREED I
2007 SCHEDULE OF HOURLY RATES
Per Diem Rates Per Diem Rates
Employee Classification (FeeIHour) Employee Classification (Fee/Hour)
Enllineering Surveying
Principal................................................................. $230.00 Sr. Survey Project Manager................................. $175.00
Technology Expert................................................ $260.00 Survey Project Manager ...................................... $130.00
Regional Engineering Manager ..........................$220.00 Project Surveyor ..................................................... $97.00
Project Management Director .............................$180.00 Sr. Survey CAD Technician .................................. $84.00
Project Management Group Manager ...............$165.00 Survey CAD Technician........................................ $68.00
Sr. Project Manager .............................................$150.00 Survey Technician.................................................. $63.00
Project Manager ................................................... $130.00 Survey Field Supervisor ........................................ $87.00
Engineering Director ............................................$165.00 Field Survey Party (One-Person Crew) ............... $80.00
Technical Group Director ....................................$170.00 Field Survey Party (Two-Person Crew) ............ $115.00
Engineering Group Manager ..............................$150.00 Field Survey Party (TItree-Person Crew) .......... $150.00
Sr. Technical Specialist......................................... $160.00 Field Survey Party (Four-Person Crew)............ $180.00
Sr. Project Engineer............................................... $135.00 Photogrammetrist...................;............................. $120.00
Technical Specialist...............................................$I40.00 Photogrammetrist Technician............................... $70.00
Project Engineer ...................................................$115.00 Project Administrator ................_........... ................ $48.00
Staff Engineer ........_..............................................$105.00
Engineer Intern .....................................................$100.00 Subsurface Utilil;y Engineering
Project Manager .................................................... $150.00
Programmer........................................................... $100;00 Sr. Coordinatorrrechnician................................... $84.00
Lead Programmer .................................................$125.00 Field Survey Party (Two-Person Crew) ............ $135.00
Field Survey Party (TItree-Person Crew) .......... $160.00
Designer IV ............................................................ $115.00
Designer III ............................................................ $105.00 Hi~h Definition Laser Scanning (HDS)
Designer Il............................................................... $86.00 HDS Project Manager ........................................., $150.00
Designer 1................................................................. $72.00 HDS Scan Crew.................................................... $130.00
Senior CAD Technician.......................................... $70.00 HDS Office Technician .......................................... $90.00
CAD Technician ...................................................... $58.00
Project Administrator .............................................$70.00 Geographic Information Systems
Administrative Assistant .......................................$50.00 GIS Technician I...................................................... $55.00
GIS Technician II .........................._......................... $65.00
Construction GIS Technician III..........................................;........ $75.00
Construction Services Manager ..........................$130.00 GIS Specialist .......................................................... $95.00
Construction Administration Manager .............$115.00 GIS Manager ......................................................... $130.00
Sr. Construction Administrator ..........................$105.00
COnstruction AclminiStrator :.................................$90.00
Construction Observation Manager ................... $115.00
Sr. Construction Observer ........;..........................$105.00
Construction Observer II .......................................$90.00
Construction Observer L.......................................$75.00
Miscellaneous Expenses
Hydrographic Surveying: Local (per day) ..........................................$1,850
Hydrographic Surveying: Out-of- Town (per day).............................$2,OSO
Subsurface Utility Location V AC Truck (per day) .............................$2,785
Note: Mileage is reimbursable at the current IRS allowable rate
Survey mileage is reimbursable at $0.75
Rates are valid through 2007.
172
McKim & Creed, P.A.
General Conditions
(3/2002-1 )
Billing and Payment. Invoices will be submitted by McKim & committed by the Client or the Engineer, their employees, agents,
Creed, P.A. (the "Engineen to the Client monthly for services sub-consultants or subcontractors. Consequential damages in-
performed and expenses incurred pursuant to this Agreement. elude, but are not limited to, loss of use and lost profit.
Payment of each such invoice will be due upon receipt and
considered past due if not paid within thirty (3D) days of the Non-Contingency. The Client acl<:nowledges and agrees that
date of the Invoice. Any retainers shall be credited on the final the payment for serv.ices rendered and expenses incurred by
invoice. the Engineer pursuant to this Agreement is not subject to any
0) Interest. A service charge will be added to contingency unless the same is expressly set forth in this
del1nquent accounts at 18 percent per annum [1.5 percent per Agreement. Payments to the Engineer shall not be withheld,
month). postponed or made contingent on the tinancing, construction,
b) Suspension of Serviees. If the Client fails to mal<:e completion or success of the project or vpon receipt by the Client
any payment due the Engineer for services and expenses within of offsetting reimbursement or credit from other p<irties causing
thirty (30) days of the invoice date on the project(s) covered by Additional Services or expenses. No with holdings, deductions or
this agreement or any other projecf(s} being performed by offsets shall be made from the Enginee~s compensation for any
Engineer for Client, the Engineer may suspend services under reason.
this Agreement until It has been paid in full for all past due
amounts owed by Client for services and expenses. The Opinions of Cost.
EngIneer shall have no Iiablllty whatsoever to the Client for any oj Since the Engineer has no control over the cost of
costs or damages occurring as a result of such suspension labor, materials, equipment or services furnished by others, or
caused by any such breach of this Agreement by Client. over methods of determining prices, or over competitive
bidding or market conditions, any and all opinic;lns as to costs
c) Collection Costs. In the event legal action is rendered hereunder, inCluding but not limited to opinions as to
necessary to enforce the payment prOVisions of this Agreement, the costs of construction and materials, ore estimates only and
the Engineer shall be entitled to collect from the Client any shall be made on the basis of its experience and qualifications
judgment or settlement sums due, reasonable attorneys' fees. and represent Its best judgment as an experienced and
court cbsts and expenses incurred by the Engineer in connection qualified professional engineer, familiar with the construction
therewith and, In addition, the reasonable value of the Engineer's industry; but the Engineer cannot and does not guarantee that
time and expenses spent in connection with such collection proposals, bids or actual costs wlU not. vary from opinions of
action, computed at the Engineer's prevaifing fee schedule and probable cost prepared by it and the Engineer shall have no
expense policies. liability whatsoever if the actual cost differs from the Engineers
estimate_ If at any time the CHent wishes greater assurance as
d} Termination Of Services. The failure of the Client to to fhe amount of any cost. he shall employ an independent
make poyTnent to the Engineer in accordance with the payment cost estimator to make such determination. Engineering services
terms set forth herein, shall constilute a material breach of this required to bring costs within any limitation established by the
Agreement and shall entitle the Engineer. at its option, to CHent will be paid for as additional services hereunder by the
terminate the Agreement. Any material breach of this Agreement Client.
by the Client shaH, at the Engineer's option and In its sole
discretion. constlfute a breach of and default under any and/or b) If a limit with respect to conStruction or off1er costs is
all other agreements belween the Client and Engineer. estabHshed by written agreement between the Client and the
Engineer. the following wiH apply:
COnfidentiality. The Engineer agrees to keep confidential and
not to disclose to any person or entity, other than the Engineer's (i) The acceptance by the CHent at any time during
employees, sub-consultants and the general contractor and the performance of services hereunder of a revised opinion of
subconfractors, if appropriate, any data and information not probable cost in excess of the then established cost limit wllJ
previously I<:nown to and generated by the Engineer or furnished constitute a corresponding revision in the previously agreed
to the Engineer and marked CONADENTlAL by the CHent These cost limit to the extent indicated In such revised opinion.
provisions shall not apply to information In whatever form that
comes Into the public domain, nor shaH It restrict the Engineer (i1) Any cost limit so established will Include a
from giving notices required by law or complying with an order to contingency of ten percent unless another amount Is agreed
provide Information or data when such order Is Issued by a court, upon In writing.
administrative agency or other ctuthorlty with proper jurisdICtion, or
if it is reasonably necessary for the Engineer to defend itself from (Hi) The Engineer will be permitted to determine what
any sult or claim. materIals, equipment, component systems and types of
construction are to be included in the drawings and
The Client agrees that the technical methods, techniques and specifications prepared by it pursuant hereto and to make
pricing Information contained in any proposal submitted by the reasonable adjustments In the extent of the project to bring it
Engineer pertaining to this projecf or In this Agreement or any within the cost limit..
addendum thereto, are to be considered confidential and
proprtetary, and shall not be released or otherwise made (Iv) If the bidding or negoliating phase of the project
available to any third party without the express wrltten consent of has not commenced within six months atter completion of the
the Engineer. Engineer's design hereunder, the established cost limit will not
be binding on the Engineer, and the Client shall consent to an
Consequential Damages. Nolwithstanding any other provision adjustment in such cost limit commensurate with any
of ff1e Agreement. neither party shall be Iioble to the other for any applicable change in the general level ot prices in the
consequential damages incurred due to the fault of the other construction industry between the date of completion of the
party, regardless of the nature of the fault or whether it was
Page 1 of 4 I
173
McKim & Creed, P.A.
General Conditions
(3/2002-1 )
Engineer's design hereunder and the date on which proposals members of Ifs profession practicing In the same or similar
or bids are sought.. locality. No other warranfy, express or Implied, is made or
Intended by the Engineer's undertaking herein or its
(v) If the lowest bona fide proposol or bid exceeds the performance of services hereunder. THE CLIENT UNDERSTANDS
established cost limit, the Client sholl (l) give written approval fo AND AGREES THAT THE ENGINEER HAS NOT MADE AND IS NOT
increase such cost limit, (2) authorize negotiating or rebidding MAKING ANY PROMISE, WARRANTY OR REPRESENTATION EXCEPT
the project within a reasonable time, or (3) cooperate in THE WARRANTIES EXPRESSLY MADE HEREIN, AND THE ENGINEER
revising the project's extent or qualltY. In the case of (3), the EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR
Engineer shall, without additional charge, modify the plans and FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER IMPLIED
specifications prepared by it hereunder as necessary to bring WARRANTIES. It Is agreed that, in accordance with and subject
the subject cost within cost limit. The providing of such service to the provisions of the foregoing paragraph (liability) and this
will be the limit of the Engineer's responsibility in this regard and paragraph, any claim for damages, cost of defense. or
having done so, the Engineer shall be entitled to payment for expenses which the Client or any third party may assert against
his services in accordance with this Agreement. the Engineer on account of any and all design defects, errors,
omissions, and professional negligence shall be limited to the
Termination. The obligation to provide further services under this amount of Its policy limits under any policy or policies. of
Agreement may be terminated by either party upon seven (7) professional liability insurance maintained by the Engineer.
days' written notice in the event of substantial failure by the Under no circumstances shall the Engineer be iiable for extra
other party fo pertorm in accordance with the terms hereof costs or other consequences due to changed conditions or for
through no tau It of the terminating party. In the event of any costs related to the failure of the contractor or materlal men to
termination, the Engineer shall provide a final statement of install work in accordance with the plans and specltlcatlons.
charges due and will be paid for all services rendered to the The limitation of liability to the IImils of the Engineer's insurance
date of termination. all expenses subject to reimbursement policy is a specifically bargained-for prOvision of this
hereunder, and other reasonable expenses incurred by the agreement, reflected in Engineer's fee. The Engineer shall not
Engineer as a result of such termination. In the event the be liable for errors in Judgment or for any loss or damage, which
Engineer's compensation under this Agreement is a fixed fee, occurs for any reason beyond the control of fhe Engineer. No
upon such termination the amount payable to the Engineer for action may be Instituted hereunder more fhan one year otter
services rendered wlU be determined using a proportional the cause of action accrued or should hOVe been discovered
amount of the total fee based on a ratio of the amounf of the by reasonable diligence. The provisions of this paragraph and
work done. as reasonably determined by the Engineer,. to the the preVious paragraph (Uabilltyl shall survive the termination of
total amount of work which was to have been performed, less this Agreement.
prior partial payments, If any. which have been made.
Reuse of Documents. All documents, Including but not limited to Client Initials
drawings and specifications, prepared by the Engineer pursuant Expenses of LitlgaHon. In the event litigation in any way related
to this Agreement are related exclusively to the services to the services performed hereunder is initiated against the
described herein. They are not intended or represented to be Engineer by the Client. Its contractors, or subcontractors, and
suitable for reuse by the Client or others on extensions of this such litigation concludes with the entry of 0 final Judgment
project or on any other project. Any reuse without written favorable t6 the Engineer, the Client shall reimburse the
verification or adaptation by the Engineer for specifiC purposes Engineer for all of its reasonable ottorneys' fees and other
intended wlU be at the Client's sole risk and without liablilty or expenses related to said litigation. Such expenses shall include,
legal exposure to the EngIneer; and the Client releases and but shall not be limited to. the. cost. determined at the
shall Indemnity and hold the Engineer harmless from 011 claims, Engineer's normal hourly billing rates, of the time devoted to the
damages, losses and expenses, including but not I1mited to defense of such litigation by the Engineer's employees.
attorneys' fees, arising out of or resulting there from. Any such
verification or adaptation wili entitle the Engineer to further Contromng Law. This Agreement Is to be governed by the low of
compensation at rafes to be agreed upon by the Client and the State of North Carolina. The parties agree that any suit or
the Engineer. action related fo this Agreement shall be Instituted and
prosecuted in the courts ot the County of New Hanover, State of
Liability. The Engineer is protected by Workmen's Compensation North Carolina, and each party waives any right or defense
Insurance (and/or employer's Iiobility insurance), prOfessional reldtingfo sDChjurisdit;ti6li or venDe. .
liability Insurance, and by public liability insurance for bodily
injury and property damage and will fumish certificates of Binding EUect. This Agreement shall bind, and the benefits
Insurance upOn request. The Engineer agrees to compensate thereof shall inure to the respective parties hereto, their legal
the Client tor loss, damage, injury or Iiabillty arising directly and representatives, executors, administrators, successors and
exclusively lrom the negligent acts or omissions of the Engineer, permitted assigns.
its employees, agent, subcontractors and their employees and
agents but only to the extent that the same is actually covered Merger; Amendment. This Agreement constitutes the entire
and paid under the foregoing policies of insurance. If the Client agreement between the Engineer and the Client with respect
requires Increased .Insurance coverage, the Engineer will. if to its subject matter, and all negotiations and oral
specifically directed by the Client, take out additional understandings between the parties are merged herein. This
insurance, if obtainable, at the Client's expense, Agreement can be supplemented and/or amended only by a
wrItten document executed by both the Engineer and the
Limitation ot liability. In performing its professional services Client.
hereunder. the Engineer wlll use that degree of core and sklll
ordinarlly exercised, under similar circumstances, by reputable
~~2~4 I
174
McKim & Creed, P .A.
General Conditions
(3/2002-1 )
OWnership 01 Instruments 01 Service. All reports, plans, officers or directors to any personal legal exposure for the risl<s
specifications, tield data, notes and other documents, including associated wilh lhis project. Therefore, and notwithstanding
all documents on electronic medIa, prepared by the Engineer as anything to the contrary contained herein, the Client agrees that
instruments of service shall remain the property of the Engineer. as the Client's sole and exclusive remedy, any claim, demand or
The Engineer shall retain all common law, statutory and other suit shall be directed and/or asserted only against the Engineer, a
reserved rights, including the copyrIght thereto. North Carolina corporation, and not against any of the Engineer's
employees, shareholders, officers or directors.
Photographs. Photographs of any completed project
embodying the services of the Engineer provided hereunder Extension .0l.Pt:otectlon. The Client agrees to extend any and all
may be made by the Engineer and shall be considered as its liability limitations and indemnification's provided by the Client to
property, and may be used by It lor publication. the Engineer to those IndIviduals and entities the Engineer retains
for pertO/lYlcince of lhe services under this Agreement. including
Assignment. Neither party to this Agreement shall transfer. sublet or but not limited to the Enginee~s officers and employees and their
assign any rights under or interest in this Agreement (inClUding but heirs and assigns, as well os the Engineer'S sub-consultants ond
not limited to fees that are due or fees that may be duel without their officers, employees, heirs and assigns.
the prior written consent of the other party. Job-Site Safely. Neither the professional activities of the Engineer,
ArchiVing of Project Documentation. Engineer shall maintain nor the presence of the Engineer or its employees and
copies of printed project documentation for a period of three sub-consultants at a construction site. shall relieve the General
years from substantial completion of Engineer's services. Engineer Contractor and any other entity of lheir obligations. duties and
shall maintain copies of 011 electronic media related to the responsibilities including, but not limited to, construction means.
project for a period of one year from substantial completion of methods. sequence. techniques or procedures necessary for
Engineer's services. Requesls. for reproduction of project performing, superintending or coordinating all portions ot the
documentation after these periods have expired will be Work of construction In accordance with the contract documents
considered additional services and will be invoiced at the and any health or safety precautions required by any regulatory
Engineer's prevailing hourly rates at the time of the request, plus agencies. The Engineer and its personnel have no authority to
expenses. exerclse any control over any construction contractor or other
entity or their employees in connection with their work or any
Betterment. If, due to the Engineer's error, any required item or health or safety precautions. The Client agrees that the General
component of the project is omitted trom the Engineer's Contractor is solely responsible for job-site safety, and warronts
construction documents, the Engineer shall not be responsible for that this intent shall be mode evident in the Client's agreement
paying the cost to add such item or component to the extent that with the General Contractor. The Client also agrees that the
such item or component would have been otherwise necessary Client. the Engineer and the Engineers consultanls shall be
to the project or otherwise adds value or betterment to the indemnified and shall be made additional insureds under the
project. In no event will the Engineer be responsible for any cost General Contractor's general liability insurance policy.
or expense that provides betterment, upgrade or enhancement
of the project. Scape of Services. Services not set forth as Basic Services or
Additional Services and listed in this Agreement ore excluded
CADD Flies, Because data stored on elec1ronic media can trom the scope of the Enginee~s services and the Engineer
deteriorate undetected or be modified without the Engineets assumes no responsibility to perform such services.
knowledge, the Client agrees that it win accept responsibility for the
completeness, correctness, or readab~ity of any electronic medb Severability And Survival. Any provision of this Agreement later
deRvered to the CHent after an acceptance period of 30 days affer held to be unenforceable for any reason shall be deemed void,
delivery of the electronic mes, and that upon the expiration of this and ali remaining provisions shali continue in tull force and effect.
acceptance period, Client will release, indemnify and save All obligations arising prior to the termination of this Agreement
harmless the Erlgineer from any and ali claims, losses, costs, and ali provisions of this Agreement allocating responsibility or
damages, awards or judgments arising tram use of the electronic liability between the Client and the Engineer shall survive the
media flies or output generated tram them. The Engineer agrees completfon .of the services hereunder and the termination of this
that it is responsible only for the printed and sealed drawings and Agreement.
documenls, and if there is 0 conllict between these. printed
documents and the electronic media; the sealed documents will Shop Drawing Review. If included in the scope of servIces to be
govem. Engineer makes no warranties, express or implied, under thIs provided, the Engineer sholl review and approve Contractor
agreement or otherwise, in connection with the Enginee~s services. submittals, such as shop drawings, product data, samples and
other data, as required by the Engineer, but only for the limited
Certifications, Guarantees and Warranties. The Engineer shall not purpose of checking for conformance with the design concept
be required to sign any documents, no matter by whom and the InformatIon expressed in the contract documents. This
requested. that would result in the Enginee~s having to certify, review shall not inClude review Of the accuracy or completeness
guarantee or warrant the existence of conditions which the of details, such as quantities. dimensions, weights or gauges,
Engineer cannot ascertain. The Client also agrees that It has no fabrication processes, construction means or methods.
right to make the resolution of any dispute with the Engineer or coordination ot the work with other trades or construction safety
the payment of any amounls due to the Engineer in any way precautions, all of which are the sole responsibility of the
contingent upon the Engineers signing any such certification. Contractor. The Enginee~s review shall be conducted with
reasonable promptness while allowing sufficient time in the
Corporate Protection. It is Intended by the parties to this Englnee~s judgment to permit adequate review. Review of a
Agreement that the Enginee~s services in conneclfon with the specitic item shall not indicate that the Engineer has revIewed the
project shall not subject the Enginee~s individual employees. entire assembly of which the Item is 0 component. The Engineer
Page 3 of4
175
McKim & Creed, P.A.
General Conditions
(3/2002-1)
shall not be responsible for any deviations from the contract
documents not brought to the attention of the Engineer in writing Hourly BOling Rates. All services to be billed on an hourly basis
by the Contractor and approved by the Engineer. The Engineer under this agreement will be billed using the Engineer's
shall not be required to review partial submissions or those for prevailing billing rate sChedule at the time services are
which submissions of correlated items have not been received. provided. If a speclffc rate schedule is to be used for this
Agreement. it shall expire no later than one year from the date
Specification Of Materials. The Client understands and agrees that of this Agreement and will be replaced with the prevailing rate
products or building materials, which are permissible under schedule in effect at that time.
current building codes and. ordInances may, at some future date,
be banned or limited In use In the construction industry because Priority Over Form Agreements. The parties agree that the
of presently unknown hazardous characteristics. The Client agrees provisions of this Agreement shall control and govern over any
that if the Client direcls the Engineer to specify any product or Work Orders. Purchase Orders or ather documents, which the
material. after the Engineer has informed the Client that such Client may issue to Engineer In regard to the project{s) which is
product or material may not be suitable or may embody (are) the subject of this Agreement. The Client may issue such
characteristics that are suspected of causing or may cause the documents to Engineer for Its convenience for accounting or
product or material to be considered a hazardous substance in o1her purposes. but any such Orders will not alter the terms of
the future, the Client waives al( claims as a result thereot against this Agreement. regardless of any contrary language appearing
the Engineer. The Client further agrees that If any product or therein.
material specifled for this project by the Engineer shall, at any
future date be suspected or discovered to be a health or safety Indemnity. The Client shall and hereby agrees to Indemnify arid
hazard. the Client hereby releases the Engineer from any and all hold hormless the EngIneer from and against all losses. costs,
llablJlties and waives all claims against the Engineer relallng damages, expenses and liability of whatever nature, Including
thereto. but not limited to reasonable attorney's fees. litigation and
court costs. expert witness fees and expenses. amounts paId in
Standard 01 Care. Services provided by the Engineer under this settlement. amounts paid to discharge judgments, penalties.
Agreement will be performed In a manner consistent with thot punitive damages, and interest, directly or indirectly resulting
degree of care and skill ordlnarlly exercised by members of the from, arising out of or related to one or more Claims, as
same profession currently practicing under similar circumstances hereinafter defined. The word "Claims" as used herein shall
in the same geographic area. mean all claims (whether valid or not), lawsuits, causes of
action, liens, investigations, administrative proceedings, and
Suspension Of Services. If the project is suspended for more than other legal aclions.anaproceedings of whatsoever nature that
thirty (30) calendar days In the aggregate, the Engineer shall be directly or Indirectly. result from. arise out of or relate to this
compensated for services performed and charges incurred prior Agreement, the project which is the subject of this Agreement.
to such suspension and, upon resumptlon of services, the Engineer and/or any other matter or transacllon contemplated
shall be entifled to an equitable adjustment in fees to hereunder, Including without limitation, any fallure by the Client
accommodate the resulting demobifizatlon and re-mobiiization to adhere to or comply. with any drawing. design, plans,
costs. In addition. there shall be an equitable adjustment in the specifications, recommendation or advice givenor fumished by
project schedule based on the delay caused by the suspension. If the Engineer to the Client; provided however, that the
the project is suspended for more than ninety (9Qj calendar days foregoing shall not apply to any claim resulting primarily from
in the aggregate. the Engineer may, at Its option, terminate this the negligence of the Engineer.
Agreement upon giving notice in writing to the Client.
Paragraph Headings. The paragraph headings contained in this
Unauthorized Changes To Documents. In the event the. Cl1ent Agreement are for reference purposes only and shall not affect
consents to. allows, authorizes or approves of changes to any In any way the meaning or interpretation of this Agreement.
plans, specifications. construction documents or electronic
media. and these changes are not approved in writing by the Third Parties. Nothing in this Agreement shall be construed as
Engineer. the Client recognizes that such changes and the results givIng any person, firm, corporation or other entity other than
thereof are not the responsibility of the Engineer. Therefore, the the parties to this Agreement and their respective successors
Client releases the Engineer from any liabifity arising from the con- and permitted assigns, any right, remedy or claim under or in
struction, use or result of such changes_ In addition, the Client respect of this Agreement or any of its provisions.
agrees, to the fullest extent permitted by law, to Indemnify and
hold the Engineer harmless from any damage. liabllity or cost DetauH.The Clienf shall be in default under this Agreement if (i)
(including reasonable attomeys' fees and costs of defense) arising It fails to pay in full any invoice from the Engineer on the due
from such changes. date or fails to make any other payment due to the Engineer
under this Agreement, (Ii) it fails to observe or perform any other
Compensation for Ad.ditional Services. The undertaking ot the term, condition or covenant under this Agreement. (iii) It
Engineer to perform professional servIces under this Agreement breaches any warranty or representation made under this
extends only to those services specificaliy described herein. If Agreement, (Iv) it dissolves, terminates or liquidates its business.
upon 1he request of the Client. the Engineer agrees to perform or its business fails or its legal existence is terminated or
additional services hereunder. the Client and the Engineer shall suspended, (v) any voluntary or involuntary bankruptcy,
negotiate and agree upon an additional fee to be paid to the reorganization, insolvency. receivership. or other similar
Engineer for completion of the agreed upon Additionol proceeding Is commenced by or against the Client, or (vi) it
Services. The Engineer will be under no obligation to begin or becomes Insolvent. makes an assignment for the benefit of
complete requested Additional Services until the additional fee creditors, or conveys substantially all of its assets.
has been negotiated and agreed upon in writing by the Client
and the Engineer.
Page 4 of 4
176
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Water & Sewer Item #: 8 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contacts: Robert Daughtry/Jim Craig
SUBJECT:
Adoption of Resolution Declaring a 3930 Ford Tractor Surplus, Approving Trade-In and Purchase of a New Holland
Compact Track Loader
BRIEF SUMMARY:
The Water and Sewer District has a 3930 Ford tractor with a 305 bush hog cutter that is currently inoperable and in need of
major repairs. Purchased in January 1995, it has been estimated that it will cost more than $10,000 to repair the
equipment. The District wishes to trade the equipment in on a New Holland Compact Track Loader with a 6 foot tree
slasher. New Holland, which is a state contract vendor has quoted this equipment at $52,800; however, the vendor will give
an allowance of $10,000 for the 3930 Ford Tractor bringing the cost of the new equipment to $42,800.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution declaring the 3930 Ford tractor with 305 bush hog cutter surplus and approving the trade-in on a New
Holland Compact Track Loader.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
Resolution for disposal Fo!"d Truck as a trade-in .doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
177
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF THE WATER AND SEWER DISTRICT
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Board of the Water and Sewer District desires to
replace a Ford tractor having a 305 bushhog cutter that is in need of major repairs with a Positrac
type cutting machine with a 6 foot tree slasher by using a state contract vendor; and
WHEREAS, the vendor, New Holland, is offering to sell the new equipment for $52,800 with
a trade-in allowance on the old Ford tractor in the amount often thousand dollars ($10,000) for an
adjusted price of $42,800; and
AND WHEREAS, the Finance Director and the County Manager recommend disposing of
the 1994 Ford tractor Serial # BD93224 as a trade-in on the purchase of a new Positrac type cutting
machine through state contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of the Water and Sewer District that
the 1994 Ford tractor Serial # BD93224 be declared surplus and used as a trade-in on the purchase of
a new Positrac type cutting machine and that the Finance Director be authorized to sign all related
documents associated with this transaction.
This 12th day of March, 2007.
(SEAL)
William A. Kopp, Jr., District Chairman
ATTEST:
Sheila 1. Schult, Clerk to the Board
178
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/12/07
Additional Item #: 1 Estimated Time: Page Number:
Department: Emergency Management Presenter: Warren Lee
Contact: Warren Lee
SUBJECT:
Severe Weather Awareness Week Proclamation
BRIEF SUMMARY:
Governor Mike Easley declared March 11-17 Severe Weather Awareness Week in North Carolina and recommends that
families have safety plans for home, work or school so they can respond quickly when tornados or severe storms threaten.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~
Iiil.:-:::.: Iiil.:-:::.:
........
... . Se\'ere Weather ,4:A'a!"eness Week .doc Severe Weather press release030707. doc T ornadoF acts. doc
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
179
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SEVERE WEATHER AWARENESS WEEK
2007
WHEREAS, in 2006, the National Weather Service in North Carolina issued 1,547 severe
thunderstorm warnings, recorded 1,226 incidents of severe thunderstorms with winds of 60 miles
per hour and/or large hail, and issued 168 flash flood warnings; and
WHEREAS, North Carolina is traditionally an active tornado state from March through
May and last year had 31 tornadoes touch down in 19 counties, resulting in eight fatalities and
numerous injuries; and
WHEREAS, lightning strikes are a significant threat in North Carolina, especially for
people involved in outdoor recreational and sporting events; and
WHEREAS, people are less likely to be injured when they know what to do when a
tornado warning is issued and severe weather conditions threaten; and
WHEREAS, the 2006 average lead warning time for severe weather was 16 minutes and
citizens should listen to local radio, television, a weather channel or a NOAA (National Oceanic
and Atmospheric Administration) radio for information on severe weather; and
WHEREAS, families should have an emergency safety plan for home, school and work,
including knowing where the safest locations are along regularly-traveled routes; and
WHEREAS, people should have a disaster supply kit on hand that contains a first-aid kit,
a battery-powered radio, flashlight with extra batteries, canned and other non-perishable food, a
hand-operated can opener, bottled water, sturdy shoes and work gloves; and
WHEREAS, Wednesday, March 14, is the designated day for tornado drills to be held
statewide in schools, government buildings and private companies; and
WHEREAS, the Department of Crime Control and Public Safety, the National Weather
Service and the Department of Public Instruction have collaborated to inform and educate North
Carolinians about how to stay safe in severe weather;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the week of March 11-17,2007 be recognized as "Severe Weather
Awareness Week" in New Hanover County, and calls upon our citizens and interested groups to
observe the week with appropriate ceremonies and activities that promote awareness of severe
weather and how to stay safe.
Adopted this, the 12'h day of March 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
-_._---_.._-._._..._~.,-
180
Michael F. Easley
Governor
State of North Carolina
Office of the Governor
For Release: IMMEDIATE Contact: Renee Hoffman
Date: March 7, 2007 Phone: 919/733-5612
GOV. EASLEY DECLARES SEVERE WEATHER AWARENESS WEEK MARCH 11-17
Tornado Drills In Schools and Government Buildings To Be Held March 14
RALEIGH - Gov. Mike Easley declared March 11-17 Severe Weather Awareness Week in North
Carolina and recommends that families have safety plans for home, work or school so they can respond
quickly when tornados or severe storms threaten. Easley said schools and government buildings
statewide would hold tornado drills on Wednesday, March 14.
"The tornado that struck Columbus County last fall and the one that killed school children in Alabama
last week are reminders of how damaging and tragic these storms can be," said Easley. "Tornadoes can
occur with little warning. I urge everyone to take the time to discuss and rehearse your family
emergency plans, so that when the National Weather Service issues a tornado warning in your area,
everyone can act quickly and take shelter calmly."
Last year, the National Weather Service issued 104 tornado warnings, and recorded 31 tornadoes in
North Carolina. Tornadoes usually form during heavy thunderstorms when warm, moist air collides
with cold air. These storms can also produce large hail and strong winds.
The Department of Crime Control and Public Safety recommends the safest place during a tornado is
underground in a basement or a storm cellar. If there is no basement, people who are at home should
go to the lowest floor ofthe house and to an interior room such as a hallway or closet. Schoolchildren
should go to inner hallways, but stay out of gymnasiums, auditoriums or cafeterias where there is a
large roof span. Office workers should take shelter under something sturdy like a desk or a table to
protect from flying debris or a collapsed roof. Everyone should stay away from windows.
"Listen to local radio, television, a weather channel or a National Oceanic and Atmospheric
Administration (NOAA) radio for information on severe weather," said Douglas Hoell, director of the
Division of Emergency Management. "We also recommend that your emergency plan include
instructions on what to do along regularly traveled routes."
Drivers who see a tornado forming or approaching should leave the car immediately and take shelter in
a low lying area, such as a ditch. A tornado can easily blow a car off a road and many people have
been killed while trying to outrun a tornado.
-MORE-
Governor's Press Office
State Capitol, Raleigh, NC 27603-8001
(919) 733-5612 - Toll Free 1-800-662-7005
FAX (919) 733-5166
181
Those who are on foot or a bicycle could encounter falling trees, downed power lines or lightning, and
they should go to a safe place immediately. The basement of a sturdy building is best. Lying flat in a
ditch or low area may also offer protection, but beware of possible flash flooding and flying debris.
Mobile home residents are especially vulnerable to damage from high winds and should go to a
prearranged shelter when severe weather is predicted.
Hoell reminds residents: "If a tornado watch is issued, it means that conditions are favorable and a
tornado is possible. However, if a warning is issued, it means that a tornado has actually been spotted
or appeared on radar. This is the time when you should go to a safe shelter immediately."
Residents should be equally prepared when other forms of severe weather threaten such as lightning,
floods or hail. Last year, the National Weather Center issued 168 flash flood warnings, and recorded
more than 1,200 incidents of severe thunderstorms with winds of 60 miles per hour, some with large
hail.
Preparation for any type of severe weather also means having a family disaster plan and an emergency
supply kit assembled and in a location where it is available in an emergency. More information on
tornadoes, including a copy of the governor's proclamation and a tornado fact sheet, is available at
www.nccrimecontrol.org/severeweather. Information on overall emergency preparedness and
emergency supply kits is available at www.ReadvNC.org.
###
182
Tornado Safety Tips
Tornadoes can occur with little or no warning. The Department of Crime Control and Public
Safety recommends that family members have a safety plan to respond quickly in case a
tornado threatens at home, work or school.
Listen to local weather broadcasts
. Listen to the radio, local television, weather
channel or a NOAA (National Oceanic and
Atmospheric Administration) radio for
information on any severe weather in your
area.
. A watch means conditions are right for tornado
formation; a warning means a tornado has
actually been sighted.
Go to the lowest level and inner rooms
. If a tornado threatens, the safest place to be is underground in a basement or storm cellar.
. If you have no basement, go to an inner hallway or smaller inner room without windows,
such as a bathroom or closet.
. Do not open or close windows. Stay away from them.
. Stay away from skylights and large open areas.
. Stay out of gymnasiums, auditoriums and other rooms with a large expanse of roof.
. Try to find something sturdy you can get under to protect yourself from flying debris or a
collapsed roof.
. Crouch on the floor in the egg position.
. Use your arms to protect your head and neck.
Mobile homes
. If severe weather threatens seek other shelter. Even mobile homes with tie-downs are not
safe from high winds.
. Know beforehand where you can go for safe shelter whenever the weather turns bad.
If you are outside
. Lie on the ground, in a ditch or depression if possible.
. Use your arms to protect your head and neck and wait for the storm to pass.
. While waiting, be alert for the flash floods that sometimes accompany tornadoes.
. Do not try to outrun a tornado in a car. A tornado can toss cars and trucks around like
toys.
. If you see a funnel cloud or hear a tornado warning issued, get out of your vehicle and
find safe shelter immediately.
Danger signs
. Falling hail is a danger sign ifthere is a tornado watch or warning posted.
. An approaching cloud of debris can mark the location of a tornado, even if a funnel is not
visible.
. The wind may die down and the air may become very still before a tornado hits.
. Tornadoes generally occur near the trailing edge of a thunderstorm.
. It is not uncommon to see clear, sunlit skies behind a tornado.
183
Tornado Facts
. A tornado is a violently rotating column of air extending from the base of a thunderstorm
to the ground and swirling with debris. (A funnel cloud rotates, but has no contact with
the ground, no debris and is not doing any damage).
. Tornadoes usually are preceded by very heavy rain and sometimes hail.
. If hail falls from a thunderstorm, it is an indication that the storm has large amounts of
energy and may be severe. In general, the larger the hailstones, the more potential for
damaging thunderstorm winds or tornadoes.
. The most violent tornadoes can have wind speeds of 250 miles per hour or more.
. The typical width of a tornado is about 50 yards wide.
. An average tornado damage path is one to two miles long. However, a tornado damage
path can be more than one mile wide and 50 miles long.
. The average tornado moves from southwest to northeast, though tornadoes have been
known to move in any direction.
. The average forward speed of a tornado is 30 mph but may vary from nearly stationary to
70 mph.
. Tornadoes can occur throughout the year; however, the peak season in North Carolina is
March through May.
. Tornadoes are most likely to occur between late afternoon and early evening, but the
twisters have been known to occur at all hours of the day or night.
. The National Weather Service uses Doppler weather radar to sense the air movement
within thunderstorms. Early detection of increasing rotation aloft within a thunderstorm
can allow time for lifesaving warnings before a tornado forms.
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