The URL can be used to link to this page

Agenda 2007 05-07 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, 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 May 7, 2007 5:30 p.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCA TION (Rev. Todd Wright, Senior Pastor, Little Chapel on the Boardwalk) PLEDGE OF ALLEGIANCE (Commissioner Nancy H. Pritchett) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of "National Tourism Week" Proclamation 31 5:45 p.m. 2. Recognition of New Hanover High School Wildcats 33 5:50 p.m. 3. Consideration of New Hanover County Drug Treatment Court's Request for 35 Reallocation of Funds 6:00 p.m. 4. Public Hearing for Installment Debt Financing 37 6:05 p.m. 5.1 The Commissioners will consider continuing this item until June 4,2007. 43 Public Hearing Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District 6:35 p.m. 5.2 Public Hearing 67 Rezoning (Z-862, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-IO Residential District 7:05 p.m. 5.3 Public Hearing 73 Text Amendment (A-359, 4/07) - Request by Staff to Amend Section 34 of the County's Subdivision Ordinance Extending the Review and Approval Period by the County on Minor Subdivision Submittals from Three (3) Days to Fifteen (15) Business Days 7:20 p.m. 6. Consideration of Agreement with Southeastern Mental Health, New Hanover 77 County Contract 07-0325 7:30 p.m. Break 7:40 p.m. 7. Presentation ofUNCW Water Quality Monitoring Program Annual Report 81 7:50 p.m. 8. Consideration of Contract with New Hanover County Board of Education for 89 Mental Health Services in Schools 8:00 p.m. 9. Discussion of House Bill 1134, "Cleanup of Abandoned Manufactured Homes," 97 and Consideration of Support 8:10 p.m. 10. Convene as 2007 Board of Equalization and Review 109 8:15 p.m. II. Meeting of the Water and Sewer District 111 8:45 p.m. 12. Non-Agenda Items (limit three minutes) 8:50 p.m. 13. Additional Items County Manager Commissioners Clerk to the Board County Attorney 9:00 p.m. 14. Closed Session The Board will enter into a Closed Session pursuant to G.S. 143-318.11(5) to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of the Porters Neck utility system and in negotiating the price and material terms of a proposed contract for the system. 9:15 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 ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 8:15 p.m. l. Non-Agenda Items (limit three minutes) 8:20 a.m. 2. Approval of Minutes 113 8:25 a.m. 3. Presentation on New Hanover County Waste Water Master Plan (WWMP) Update 115 8:35 p.m. 4. Consideration of Design and Permitting Work Required for Utility Services to 117 Murrayville Fire Station 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. l. Approval of Minutes 7 2. Adoption of State Road Resolution Requesting the State to Add Roads 9 3. Approval to Accept Grant from the Clean Water Management Trust Fund and 11 Adoption of Ordinance for Budget Amendment 07-209 4. Approval of Award of Bid 07-0380 and Contract 07-0380 to Cooper Kenworth, Inc. 13 for the Purchase of One Roll-Off Truck with Tarping System in the Amount of $117,389 and Adoption of Ordinance for Budget Amendment 07-213 5. Approval to Submit Grant Application to the Department of Juvenile Justice and 17 Delinquency Prevention 6. Approval to Submit Grant Application to the Cape Fear Area United Way 19 7. Approval to Submit Grant Application to the Cape Fear Garden Club, Inc. 21 8. Approval ofFlemington Soccer Complex Interlocal Agreement 23 9. Adoption of Ordinances for Budget Amendments: 25 07 -198 Health 07-204 Health 07-211 General Fund (revised) 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 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 April 12, 2007 and Regular Session meeting held on April 16, 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 4-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Adoption of State Road Resolution Requesting the State to Add the following Roads: Brittany lakes Drive, Hallstead Court, Millheim Court, Dove Field Drive, and Tewkesberry Court (Div. File No: 996-N) BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the roads. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt standard SR-2 resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: NCDOT letter ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 9 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY April 17, 2007 ~1E((;;IE~WlIE~ Ms. Sheila Schult, Clerk to the Board APR 1 9 2007 New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 NEW HANOVER CO Wilmington, NC 28403 BO. OF COMMISSIONERS Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of Brittany Lakes Drive, Hallstead Court, Millheim Court, Dove Field Drive, and Tewkesberry eourt (Div. File No: 996- N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If we may be of further assistance, please call Cary Robbins at 910 251-2655. Sincerely, !!;:r~~ - District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 3 Estimated Time: Page Number: Department: Airlie Presenter: Jim McDaniel Contact: Jim McDaniel SUBJECT: Clean Water Management Trust Fund BRIEF SUMMARY: Airlie Gardens applied and was approved for a Stormwater Planning and Implementation Grant from the North Carolina Clean Water Management Trust Fund. The Commissioners approved the request to apply for this grant on their May 15, 2006, agenda. The $25,000 grant will be used for Stormwater Planning ($15,000) and Best Management Practices Implementation ($10,000). RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept $25,000 grant and associated Budget Amendment 07-209. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: $25,000 North Carolina Clean Water Management Trust Fund, Stormwater Planning and Implementation Grant. ATTACHMENTS: ~ ........ . .. 07-2084-23-07.doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 11 AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-209 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-209 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Airlie Gardens Exnenditure: Decrease Increase Airlie Gardens-Clean Water Management Trust Fund: Contracted Services $25,000 Total $25,000 Revenue: Decrease Increase Airlie Gardens-Clean Water Management Trust Fund: Stormwater Planning and Implementation Grant $25,000 Total $25,000 Section 2: Explanation To budget funds received from the North Carolina Clean Water Management Trust Fund for Stormwater Planning and Implementation. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-209 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 4 Estimated Time: Page Number: Department: Environmental Management Presenter: Avril Pinder Contact: Teresa Horsboll SUBJECT: Award of Bid # 07-0380 and Approval of Contract # 07-0380 to Cooper Kenworth, Inc. for the Purchase of One (1) Roll-Off Truck with Tarping System in the Amount of $117,389 and Adoption of Ordinance for Budget Amendment 07-213 BRIEF SUMMARY: This item is for the purchase of a new roll-off truck using revenues from the white goods recycling State program. The truck will be used for recycling. A Request for Bids was published in the Star News on Sunday, April 8, 2007, for the purchase of one (1) roll-off truck with tarping system. On Thursday, April 19, 2007, bids were opened and read aloud. The results are detailed below: Amick Equipment $112,404.20 Cavalier Equipment Bid # 1 $116,892.00 Cooper Kenworth, Inc. $117,389.00 Cavalier Equipment Bid #2 $118,870.00 Volvo and GMC Truck Center $122,499.00 All bidders had some features that were non-compliant; however, Cooper Kenworth, Inc., although not the lowest bidder, met or exceeded the majority of the required features in our bid specifications. One of the most critical items not met by Amick or Cavalier was the tarping system. The County currently has three (3) tarping systems of the make and model specified in the bid documents. Keeping the tarping systems uniform allows the County to keep uniform parts on hand for needed repairs. Of the three lowest bids, only Cooper Kenworth met this requirement. Cooper Kenworth is also located in Wilmington, which allows staff to obtain parts and service with little downtime in the event the roll-off truck requires in-shop repairs. State funds provided through the White Goods Program are being used for the purchase of the roll-off truck with tarping system. The attached budget amendment (07-213) amends the annual budget ordinance for the fiscal year ending June 30, 2007, to provide remaining funds needed for purchase. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution awarding Bid # 07-0380 and Contract # 07-0380 to Cooper Kenworth, Inc. in the amount of $117,389, authorize the County Manager to execute the contract, and adopt Ordinance for Budget Amendment 07-213. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The purchase is funded by revenues received through the state White Goods Program. No County funds are being used. The budget amendment amount of $96,000 amends the white goods funds budgeted in the current budget for all costs related to the purchase of the roll off truck. 13 ATTACHMENTS: ~ ~ . ...... ........ ... . . .. 07-0380 resolution. doc 07-2134-25-07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 14 RESOLUTION BOARD OF COMMISSIONERS NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 2:00 PM EST., Thursday, April 19, 2007, for the purchase of One (1) Roll-Off Truck with Tarping System and the following bids were received; and Amick Equipment $112,404.20 Cavalier Equipment Bid # 1 $116,892.00 Cooper Kenworth, Inc. $117,389.00 Cavalier Equipment Bid #2 $118,870.00 Volvo and GMC Truck Center $122,499.00 WHEREAS, after a thorough evaluation of the bids, all bidders noted some features that were non- compliant with the County's bid specifications; and WHEREAS, the tarping system, one of the important required features, was not met by Amick or Cavalier Equipment. Cooper Kenworth, Inc., although not the lowest bidder, met or exceeded the majority of the required features listed in the bid specifications including the specified tarping system. The County currently has three (3) tarping systems of the make and model specified in the bid documents. Keeping the tarping systems uniform allows the County to keep uniform parts on hand for needed repairs; and WHEREAS, of the three lowest bids, only Cooper Kenworth met this requirement. In addition, Cooper Kenworth is located in Wimington which allows Staff to obtain parts and service with little downtime in the event the roll-off truck requires in-shop repairs; and WHEAEAS sufficient funds to purchase this Roll-Off Truck are available in account # 70080200800600, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that contract 07-0380 for the purchase of one (1) roll off truck with tarping system be awarded to Cooper Kenworth, Inc., in the amount of one hundred seventeen thousand three hundred eighty-nine dollars ($117,389); and that the County Manager is hereby authorized and directed to execute contract 07-0380, contract form to be approved by the County Attorney. This 7th day of May, 2007. (SEAL) William A. Caster, Chairman ATTEST: Clerk to the Board 15 AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-213 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 - 213 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Environmental Management Department: Landfill Exnenditure: Decrease Increase Landfill: Capital Outlay $96,000 Total $96,000 Revenue: Decrease Increase Landfill: Appropriated Fund Balance $96,000 Total $96,000 Section 2: Explanation The State provides funds to the County through the State White Goods Program. These funds are restricted in how they can be spent. The purchase ofthe roll-off truck meets the State's requirements for the expenditure ofthese funds. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-213 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 5 Estimated Time: Page Number: Department: Juvenile Day Treatment Center Presenter: John Ranalli Contact: John Ranalli SUBJECT: Approval to Submit Grant Application to the Department of Juvenile Justice and Delinquency Prevention BRIEF SUMMARY: Discretionary funds have been made available for the remainder of the current fiscal year for service providers who may be in need of equipment, materials, renovations, or staff development that will expand or enhance the service capability of the program on a continuing basis. We are in need of purchasing a digital imaging system to store all client information electronically. According to State requirements all client information needs to be stored for 12 years beyond their 18th birthday in this format. Grant application will be in the amount of $18,000. No County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to apply for and receive funds if awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: This grant is just for the purchase of equipment. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 17 This page intentionally left blank. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 6 Estimated Time: Page Number: Department: Juvenile Day Treatment Center Presenter: John Ranalli Contact: John Ranalli SUBJECT: Approval to Submit Grant Application to the Cape Fear Area United Way BRIEF SUMMARY: The United Way is asking for RFP's for fiscal year 2007-2008 that will provide opportunities for youth to be successful in life. Our intent is to use this revenue stream to support our Community Service Learning program, which teaches clients the value of volunteering for service in one's local community. Grant application will be for $58,000. No County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to apply for and receive funds if awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: This grant would fund one existing staff person to coordinate our Community Service Learning program. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 7 Estimated Time: Page Number: Department: Juvenile Day Treatment Center Presenter: John Ranalli Contact: John Ranalli SUBJECT: Approval to Submit Grant Application to the Cape Fear Garden Club, Inc. BRIEF SUMMARY: The Garden Club is accepting applications for projects that will improve the landscape of an existing building that would improve the aesthetic quality of our area. Our purpose is to complete installing grass sod and shrubbery in the front and along the side of the Day Treatment Center. In the next month a new HV AC system is going to be installed impacting the side of our facility leading to the front entrance which will also warrant some landscaping changes which would be covered by this grant. Grant application will be submitted for $8,000. No County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to apply for and receive funds if awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: This grant is for the purchase of landscape materials and their installation. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 8 Estimated Time: Page Number: Department: Parks Presenter: Neal Lewis Contacts: Neal Lewis, Bruce Shell SUBJECT: Flemington Soccer Complex Interlocal Agreement BRIEF SUMMARY: The County and the City of Wilmington are joining together to assist the Cape Fear Soccer Association (CFSA) in the completion and the ongoing maintenance of the Flemington Soccer Complex. The total three-year commitment by the County is $375,000. The attached Interlocal Agreement spells out the County's commitment for the facility. The main points are as follows: 1 ) The commitment is for three years (July 1,2007 - June 30, 2010). 2) There will be an "Oversight Committee," for the purpose of monitoring compliance with the Interlocal Agreement and adherence to the annual maintenance contract. The Committee shall be made up of a County staff person, a City staff person and a representative of CFSA (total of three). 3) The County will make payments of $50,000 per year for the three-year period to reimburse CFSA for development costs associated with the construction of the facility. The City will likewise contribute $33,333 per year. Once these payments are made, the County and the City will each have contributed $300,000 to the project, including those payments made prior to this agreement. 3) The County and the City will each contribute up to $75,000 in the first year for maintenance, based on a contract approved by the Oversight Committee. The contract is subject to annual review and adjustments in cost as required. 4) CFSA is responsible for all costs associated with construction, repair and improvements to the facility, infrastructure and site amenities. 5) Signage at the facility will recognize the County and the City for their financial support. 6) The County and the City have the right to use the facility when not being used by CFSA. These uses are subject to approval by the Oversight Committee. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the Interlocal Agreement. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: 23 ATTACHMENTS: Note: Final version of Interlocal Agreement will be forwarded to the Clerk prior to the meeting. REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Consent Item #: 9 Estimated Time: Page Number: Department: Budget Presenter: Contact: Cam Griffin SUBJECT: Adopt Ordinances for Budget Amendments Listed Below BRIEF SUMMARY: The following Budget Amendments amend the annual budget ordinance for the fiscal year ending June 30, 2007: 07 -198 - Health - adjust budget for receipt of funds for Living Well Grant 07 -204 - Health - adjust budget for receipt of funds for Colposcopy Program 07 -211 - General Fund - Increase budget for one-half of Change Order #3 for National Audubon Society RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of Ordinances for the Budget Amendments listed in the above summary. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2007. ATTACHMENTS: ~ ~ ~ ........ ........ ........ . .. . .. . .. 07 -188 4-24-07. doc 07-2044-25-07.doc 07-211 4-24-07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 25 AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-198 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -198 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Exnenditure: Decrease Increase Health/Community Health: Contracted Services $4,800 Printing $7,000 Employee Reimbursement $200 Total $12,000 Revenue: Decrease Increase Health/Community Health: Cafe Fear Memorial Foundation/Living Well Grant $12,000 Total $12,000 Section 2: Explanation To budget additional funds received from the Cape Fear Memorial Foundation for the period April 15, 2007 through April 14, 2008. This funding covers the cost of publishing newspaper inserts for the Living Well supplements in the Wilmington Star News. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-198 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 26 AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-204 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-204 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Exnenditure: Decrease Increase Health/Women's Preventive Health: Capital Outlay $12,000 Total $12,000 Revenue: Decrease Increase Health/Women's Preventive Health: Ministering Circle Grant $12,000 Total $12,000 Section 2: Explanation The Ministering Circle of Wilmington, NC, has awarded the New Hanover County Health Department $12,000 to purchase capital equipment for the Colposcopy Program. The County Commissioners gave their approval to apply and receive grant funds at their April 16, 2007, meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-204 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 27 AGENDA: May 7, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-211 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 - 211 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Transfers to Capital Projects /Other Financing Sources/Non Departmental Exnenditure: Decrease Increase Transfers to Capital Proiects $19,342 National Audubon Society $9,607 Total $9,607 $19,342 Revenue: Decrease Increase Appropriated Fund Balance $9,735 Total $9,735 Fund: Mason's Inlet Maintenance Department: Exnenditure: Decrease Increase National Audubon Society $19,342 Total $19,342 Revenue: Decrease Increase Transfer in from General Fund $19,342 Total $19,342 Section 2: Explanation Increase budget for Y, of Change Order #3 for National Audubon Society. Change Order #3 was approved on March 13,2006, to meet permit requirements. Move National Audubon's expense from the General Fund into the Mason's Inlet Project. This will account for all related expenditures in the capital project. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-211 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 28 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. I. Consideration of "National Tourism Week" Proclamation 31 5:45 p.m. 2. Recognition of New Hanover High School Wildcats 33 5:50 p.m. 3. Consideration of New Hanover County Drug Treatment Court's Request for 35 Reallocation of Funds 6:00 p.m. 4. Public Hearing for Installment Debt Financing 37 6:05 p.m. 5.1 Public Hearing 43 Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District 6:35 p.m. 5.2 Public Hearing 67 Rezoning (Z-862, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-lO Residential District 7:05 p.m. 5.3 Public Hearing 73 Text Amendment (A-359, 4/07) - Request by Staff to Amend Section 34 of the County's Subdivision Ordinance Extending the Review and Approval Period by the County on Minor Subdivision Submittals from Three (3) Days to Fifteen (15) Business Days 7:20 p.m. 6. Consideration of Agreement with Southeastern Mental Health, New Hanover 77 County Contract 07-0325 7:30 p.m. Break 7:40 p.m. 7. Presentation ofUNCW Water Quality Monitoring Program Annual Report 81 7:50 p.m. 8. Consideration of Contract with New Hanover County Board of Education for 89 Mental Health Services in Schools 8:00 p.m. 9. Discussion of House Bill 1134, "Cleanup of Abandoned Manufactured Homes," 97 and Consideration of Support 8:10 p.m. 10. Convene as 2007 Board of Equalization and Review 109 8:15 p.m. II. Meeting of the Water and Sewer District 111 29 8:45 p.m. 12. Non-Agenda Items (limit three minutes) 8:50 p.m. 13. Additional Items County Manager Commissioners Clerk to the Board County Attorney 9:00 p.m. 14. Closed Session The Board will enter into a Closed Session pursuant to G.S. 143-318.11(5) to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of the Porters Neck utility system and in negotiating the price and material terms of a proposed contract for the system. 9:15 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. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: Kim Hufham Contact: Bruce Shell Item Does Not Require Review SUBJECT: Consideration of "National Tourism Week" Proclamation BRIEF SUMMARY: Kim Hufham, President and CEO of the New Hanover County Tourism Development Authority (TDA), requests the Board of Commissioners adopt a proclamation to designate May 12-20,2007 as National Tourism Week in New Hanover County. This is in conjunction with the 24th Annual National Tourism Week, a national observation as set forth by the Travel Industry Association of America. More information on National Tourism Week can be found at this website, http://www.tia.org/pressmedia/TWFAlntw_week.html. In addition to the County Commissioners' proclamation, the TDA and the Convention & Visitors Bureau (CVB) will be working with our visitor center specialists and local travel partners to provide visitors with giveaways and drawings at area visitor centers during National Tourism Week, and special banners and buttons that welcome and thank them for visiting our destination. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . T ounsm proclamation .doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 31 NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE 24th ANNUAL NATIONAL TOURISM WEEK Travel & Tourism: America's Front Door PROCLAMATION WHEREAS, travel is at the heart of America's economic and national security. It generates millions of jobs and billions in taxes, and is a vital resource in improving America's image around the world; and WHEREAS, in New Hanover County, the travel industry contributes substantially to New Hanover County's cultural and social well-being. Travel is one of our most fundamental freedoms. Every citizen benefits from travel and tourism. The travel industry substantially enhances our personal growth and education, while promoting intercultural understanding and appreciation of New Hanover County's history, geography, and culture; and WHEREAS, travel is one of America's largest service exports providing a travel trade surplus in excess of $7 billion. It is one of the nation's largest employers, accounting for more than 7.5 million direct travel-generated jobs. One of every eight u.s. non-farm jobs is connected to travel. Last year, spending by domestic and international visitors in the u.s. generated $703 billion in direct expenditures nationwide, averaging $1.9 billion a day, $80 million an hour, $1.3 million a minute, and $22,300 a second. In 2005 (the most recent data available), this provided $105 billion in tax revenue for local, state, and federal governments. Without the tax revenue generated by travel each U.S. household would pay $965 more in taxes; and WHEREAS, in North Carolina, Travel and Tourism is among the state's fastest growing industries. In 2006, domestic travelers spent more than $15 billion in North Carolina; and WHEREAS, in New Hanover County. ... . Travel and Tourism is an important economic generator that infuses millions of new dollars into our local economy each year, thereby making New Hanover County a better place to live, work and visit. . In 2005, the economic impact of Tourism was estimated at $350.42 million, ranking New Hanover County as #8 among North Carolina's 100 counties in tourism expenditures. . Travel and Tourism provides more than 5,260 jobs and supports a payroll of $88.7 million. . Travel and Tourism generates approximately $31.68 million in state and local tax receipts, representing a $176 tax saving to each county resident. In recognition of the unique significance of the American travel industry in the lives ofthe citizens of New Hanover County; NOW THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of May 12-20,2007 be recognized as "NATIONAL TOURISM WEEK" in New Hanover County and that the people of New Hanover County are called upon to observe this week, as sanctioned by the u.s. Congress, with appropriate ceremonies and activities. ADOPTED the th day of May 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Chairman Caster Contact: Bruce Shell Item Does Not Require Review SUBJECT: Recognition of New Hanover High School Wildcats BRIEF SUMMARY: Chris Furr, Principal of New Hanover High School, has been invited to bring members of their basketball team to be recognized for winning the 4A State Basketball Championship. They defeated Charlotte Vance 39-35 on March 10,2007 at the Smith Center in Chapel Hill to win the state championship for the first time since 1968. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize and congratulate the New Hanover High School Wildcats. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize the Wildcats. COMMISSIONERS' ACTIONS/COMMENTS: Recognized the team and shared remarks. 33 This page intentionally left blank. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Judge Faison Contact: Cam Griffin Item Does Not Require Review SUBJECT: New Hanover County Drug Treatment Court Request for Reallocation of Funds BRIEF SUMMARY: In FY05-06 New Hanover County provided partial funding for a State position since the State would no longer fund the position. County funds were budgeted in FY06-07 for the position but will not be needed since the State had resumed funding their position. The New Hanover County Drug Treatment Center requests the $42,000 budgeted for the position be reallocated to fund in-patient drug treatment for female clients. RECOMMENDED MOTION AND REQUESTED ACTIONS: Listen to presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Request for Reallocation of Funds ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and consider request. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 35 . New Hanover County Drug Treatment Court . Request for Reallocation of Funds February 28, 2007 The New Hanover County Drug Treatment Court respectfully requests that New Hanover County reallocate the $42,000 previously designated for a Drug Treatment Court Case Manager position to permit the use of the funds for in-patient treatment for female clients. Fortunately, State funds are now available for the case manager position; however Drug Court now faces an equal or even greater need in respect to in-patient treatment for female clients. Since 1997, males have had access to the 90-day DART-Cherry Treatment Program while those few females deemed eligible for the Walter B. Jones Treatment Center are faced with a waiting list for treatment that has been reduced to a mere 14 days. Over the past year, ten female Drug Court clients have been sent to prison to serve their sentences because they failed in their attempts to top using controlled substances. None of these women were afforded inpatient residential treatment prior to their revocation because of the lack of such a resource. At the present time, two female clients are in custody awaiting probation violation hearings and it is a real possibility that they, too, will be sent to prison because no in-patient treatment alternative is available. In 2004, the Governor's Crime Commission funded a program through the North Carolina Administrative Office of the Courts which provided funds for in-patient treatment for female Drug Court clients. During the period of this grant the New Hanover County Drug Court referred several clients to the Marion Bivins Treatment Center in Dobson, North Carolina, a female treatment program under the auspices of Hope Valley, Inc. We found this to be an outstanding 28-t035-day treatment program, providing the female clients with a strong basis for recovery once they returned to Wilmington. The cost of this program, $100 per day, is quite modest when compared with other private treatment facilities where the cost of a normal 2 I -day treatment regimen ranges from $8,000 to $15,000 or more. Should our request for reallocation of funds be approved, female clients who need in-patient treatment will a~ain be referred to the Marion Bivins Trea.ment Center. The Joint Legislative Oversight Commission on Mental Health has included a recommendation for a female in-patient facility in its final report and we are very encouraged that Representative Carolyn Justice, a Commission member, is working very hard to see that the program becomes a reality. In the meantime, however, our female clients are still without an option for in-patient treatment unless they actually are sentenced to prison. Reallocation of the funds previously designated for a case manager position will enable Drug Court to address the urgent need of in-patient treatment for women as we wait for a state- sponsored female in-patient treatment facility to become a reality and we thank you very much for considering this request. enny r New Hanover County Drug Treatment Court Coordinator, 910-341-1501 -"-.-.--"--. 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 4 Estimated Time: Page Number: Department: Legal Presenter: Avril Pinder, Finance Director Contact: Wanda Copley, County Attorney SUBJECT: Public Hearing for Installment Debt Financing BRIEF SUMMARY: The General Statutes require that a public hearing be held before issuance of installment debt. The proposed installment debt is to refinance that debt previously incurred in acquiring and renovating the Government Center facility. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing and receive any comments. Adopt Resolution Authorizing Installment Financing Agreement. Approve filing of application with the Local Government Commission (LGC). FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ 00. N oticePublicH earingM a}' 72007. DOC Resolutian.A;.rthO!"izing.A;;imt FinGo\'CirMcr/7.dGlc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing, adopt resolution and approve filing of application with the LGC. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and adopted resolution 4-0. 37 TO BE PUBLISHED IN THE STAR-NEWS ONCE ON OR PRIOR TO APRIL 27, 2007. NOTICE OF PUBLIC HEARING The Board of Commissioners for the County of New Hanover, North Carolina (the "County") has determined to consider whether to enter into an installment financing agreement (the "Agreement") pursuant to Section 160A-20 of the General Statutes of North Carolina obligating the County to make installment payments thereunder in a principal amount not to exceed $5,100,000, plus interest thereon. The Agreement is for the purpose of refinancing an outstanding installment financing agreement previously entered into by the County for the purpose of paying a portion of the cost of the acquisition and renovation of Market Place Mall, now known as the New Hanover County Government Center, for use as administrative offices by the County (the "Project"). To secure its obligations under the Agreement, the County will execute and deliver a deed of trust on the site ofthe Project and all buildings and fixtures located thereon. Section 160A-20(g) of the General Statutes of North Carolina requires that the County hold a public hearing prior to entering into the Agreement. If the Board of Commissioners for the County so determines, an application will be submitted to the Local Government Commission of North Carolina for approval ofthe Agreement. Please take notice that the Board of Commissioners for the County will conduct a public hearing in the Assembly Room at the New Hanover County Courthouse, Room 301, 24 North Third Street, Wilmington, North Carolina, at 5:30 p.m. or thereafter on May 7, 2007, at which time any person may be heard regarding the proposed Agreement described above. Any person wishing to comment in writing regarding the proposed Agreement should do so prior to May 7, 2007 to the County of New Hanover, 230 Government Center Drive, Suite 175, Wilmington, North Carolina 28403; Attention: Clerk to the Board. Sheila L. Schult Clerk to the Board of Commissioners County of New Hanover, North Carolina WCSR 3588605vl 38 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER, MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE REFINANCING OF A PRIOR INSTALLMENT FINANCING AGREEMENT; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County") as follows: Section 1. The Board does hereby find and determine as follows: (a) The County desires to refinance an Installment Financing Agreement, dated May 20,2005, between the County and Bank of America, N.A., pursuant to which the County obtained interim financing for the acquisition and renovation of Market Place Mall for use by the County as administrative offices (the "Project"). (b) In order to pay the costs of refinancing, the Board has determined to enter into an Installment Financing Agreement, to be dated as of the date of delivery thereof (the "Agreement"), between the County and Bank of America Public Capital Corp. Pursuant to the Agreement, the Lender will advance to the County. (c) There has been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. (d) It is in the best interest of the County to enter into the Agreement. The Agreement will allow the Project to be financed on a permanent basis over a term of approximately ten years. (e) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue in that (i) the County does not have sufficient constitutional authority to issue non-voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the Refinancing without an election; (ii) the nature of the facilities is such that they are not a "revenue bond project" within the meaning of The State and Local Government Revenue Bond Act; (iii) the cost of the Refinancing exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (iv) the circumstances existing require that funds be available to effect the Refinancing prior to the maturity date of the Prior Agreement and the time required for holding an election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond Act would delay the Refinancing by several months; and (v) there can be no assurances that Refinancing would be approved by the voters and the necessity 39 of the Refinancing dictates that the Refinancing be financed by a method that assures that the Refinancing will occur in an expedient manner. (f) Based upon information provided to the Board, the costs of providing for the Refinancing through the Agreement is reasonably comparable to the costs associated with other alternative means of financing and is acceptable to the Board. (g) The County Attorney will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (h) The debt management policies of the County have been carried out in strict compliance with law, and the County is not in default under any obligation for repayment of borrowed money. (i) No tax rate increase is anticipated to be necessary to pay the Installment Payments. Section 2. The Board hereby authorizes, ratifies and approves the filing of an application with the Local Government Commission for approval of the Agreement and requests the Local Government Commission to approve the Agreement and the proposed Refinancing in connection therewith. Section 3. In order to provide for the Refinancing, the County is hereby authorized to enter into the Agreement to receive an advancement in installments pursuant thereto in a principal amount not to exceed $5,100,000. The County shall repay the advancement in installments due in the amounts and times set forth in the Agreement. The payment of Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the forms of the Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any Assistant or Deputy Clerk to the Board is hereby authorized to affix the official seal of the County to each of said documents and to attest the same to the extent required. Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement. Section 6. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board, and any other officers, agents and employees of the County are hereby authorized and directed to deliver such certificates, opinions and 40 other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 7. This resolution shall take effect immediately upon its passage. This the ih day of May, 2007. NEW HANOVER COUNTY {SEAL} William A. Caster Chairman ATTEST: Sheila L. Schult, Clerk to the Board 41 This page intentionally left blank. 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 5.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, PA for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R- 15) Conditional Residential District BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of 7-0. One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the zoning is approved, the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ iii":":::": Z-838 Staff Summar}'-Findings of Fact.doc Z -838-Petition S ummaw doc adjacent property owner map, petitioner application, S. Burgess letter, Z-838 order (2006), and site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 43 CASE: Z-838, 4/06; modification 4/07 APPLICANT: Mason Landing Yacht Club REQUEST: R-20S Residential to CD (R-15) Residential Add 7.69 Acres to existing 11.46 acres Add 18 residential units to existing 25 units for total 43 units ACREAGE: Modified total 17.66 acres land area and 1.49 acres water LOCATION: 2029 Turner Nursery Road LAND CLASS: Watershed resource Protection and Conservation-The purpose of the Conservation 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. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. PLANNING BOARD ACTION: At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of 7-0. One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer. STAFF SUMMARY: The property is located on Turner Nursery Road approximately Yt mile east from Middle Sound Loop Road. The current land use on the site is vacant land. Last year I 1.46 acres were conditionally rezoned from R-20 to R- 15 for 25 residential units and the commercial marina with up to 60 wet slips. All of the surrounding properties are zoned R-20S. Properties west of Middle Sound Loop Road in this general vicinity are zoned R-15 residential. The applicant proposes adding 7.69 acres to an existing CD (R-15) district. The recent conditional rezoning maintained the commercial marina with 60 wet slips and proposed 25 housing units. This zoning change can be consistent with the county's policies for growth and development provided the overall project density is limited to 2.5 units per acre and the overall impervious coverage is limited to 25%. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of7.69 acres from R- 20S Residential District to CD(R-15) Conditional District is (or is not): 1. Consistent with the purposes and intent of the Watershed Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow addition of acreage outside the flood plain to an existing conditional residential district with base density of2.5 units per 44 acre in this location and under the terms and conditions outlined in a companion special use permit. Because this is a modification to a conditional district, staff has the following findings of fact for your consideration and for the petitioner's concurrence: Preliminary Staff Findings 1. The Board must find that the use as modified will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The added property would be served by the north side treatment plant and is within the NEI moratorium area so currently it does not have county sewer. Private sewer and private water will be provided by the developer. B. The property to be added is not in the 100-year floodplain. C. Access to the property is from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from the Ogden Fire Department. 2. The Board must find that the use as modified meets all required conditions and specifications of the Zoning Ordinance. A. The modified site plan shows a total of 43 residential units, the maximum number allowed under Performance Residential in an R-15 could be 44. B. The proposal increases the project area by 7.69 acres or 44% and the number of units by 42% C. The amount of recreational space (common area) for the original plan was 2.7 acres. The modified plan proposes 4.6 acres. D. The amount of impervious surface for the original plan was 24.9%. The modified plan shows impervious surface area at 23.4% for an overall reduction. E. The parking requirement is satisfied. F. No buffering is required. 3. The Board must find that the use as modified will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted at the time of these preliminary findings that this project will decrease property values of commercial uses nearby. B. The land use on this new addition has been primarily vacant land within a Residential R-20S zoning district. 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 2005 CAMA update identifies this area as Conservation and Watershed Resource Protection B. Residential development at the proposed R-15 density occurs mainly in the areas on the interior of Middle Sound Loop Rd. The existing R-20S is established to foster an "exurb an, low density lifestyle" where public services are not available. 45 Suggested Conditions Staff supports the Planning Board recommendation for additional buffering to separate the development from Register Place. ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative 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. 46 Case: Z-838, 04/07 Petition Summary Data Owner/Petitioner: Mason Landing Yacht Club Existing Land Use: Commercial Marina and vacant land Zoning Historv: May 18, 1970 (#3); May 1,2006 rezoned to CD(R-15) Land Classification: Watershed Resource Protection and Conservation Water Tvpe: Private community well Sewer Type: County Sewer (commitment for 17 of the original lots) plus septic for the remainder until public is available Recreation Area: Ogden Park Access & Traffic Volume: Middle Sound Loop and Bailey Roads-l 06 ADT (04/05) Middle Sound Loop Road LOS is A&B in this segment, meaning traffic volume is well under capacity of the roadway. Fire District: Ogden VFD Watershed & Water Quality Classification: Pages Creek-SA waters Aquifer Recharge Area: Shallow water table, fresh water over salty water ConservationlHistoric/ Archaeological Resources: N/ A Soils: Seagate fine sand; Leon soil; Murville fine sand -Class II and Class III respectively Septic Suitability: Moderately Suitable to severe limiations Schools: Ogden Elementary 47 EXHIBIT "A" TO PETITION FOR CONDITIONAL USE ZONING DISTRICT CLASSIFICATION OWNER! PETITIONER: Mason Landing Yacht Club, LLC AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: March 8, 2007 PROPERTY: 2029 Turner Nursery Road Wilmington, NC New Hanover County Hereinafter referred to as the "Property" A. REZONING ISSUES AND THE COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT I. How would the requested chanl!:e be consistent with the Counlv's Policies for Growth and Development? The subject property is composed of 19.15 acres total developable area composed of 1.49 acres as natural water features for a net developable area of approximate 17.66 acres located off Middle Sound Loop Road on Turner Nursery Road, north of Wilmington, and is more particularly described in the attached legal description and the site plan enclosed with the rezoning application. In May of2006, 11.46 acres of this site was rezoned to CD R-15 Residential Conditional Use District rezoning [Case No. Z-838 (May 2006)] and Special Use Permit [Case No. S-556 (May 2006)]. The project is the Mason Landing Yacht Club Development. The new proposal incorporates the previous 11.46-acre tract and expands the footprint of the Mason Landing Yacht Club Development (sometimes referred to hereinafter as "Original Property") to incorporate adjoining property to better develop these adjoining properties, which 48 can be served by the marina located within the Original Property. The proposed rezoning of this site would be consistent with the County's Policies for Growth and Development (hereinafter "Land Use Plan"). Specifically, the proposed rezoning of the additional 7.69 acres, more or less, ("Supplemental Property") from the current classification of R-20S to CD(R-15) will be in harmony with the overall development of the area and compliment the existing Mason Landing Yacht Club Development. Please see generally the Applicant's corresponding Special Use Permit Application. 2. How would the reauested zone chanee be consistent with the property's classification on the Land Classification MaD? The Property's classification on the Land Classification Map is "Resource Protection." Even though classified as Resource Protection, rezoning the Supplemental Property to CD(R-15) to be consistent with the Original Property would be consistent with the Land Use Plan and would expand the goals cited by the County Commissioners in approving the Mason Landing Yacht Club Development rezoning and special use permit in May of 2006. A substantial portion of the Original Property has been under a special use permit (Special Use Permit No. 67, as amended) since 1973 and used as a commercial marina. Consistent with the May 2006 rezoning of the Original Property to the conditional use district classification, the Supplemental Property will complement the central design of water and sewer services and will control the stormwater and protect the natural resources on this site with the careful design of residential home sites and an integration of these home sites with the commercial marina providing boat slips for the homeowners as well as additional wet slips for rent or sale to the public of the remaining slips. The Applicant requests 43 Units-fewer than the performance residential density calculation of 17.66 acres @ 2.5 units/per acre (R-15), which would yield 44 units. 3. What sienificant neiehborhood chanees have occurred to make the orieinal zonine inappropriate. or how is the land involved unsuitable for the uses permitted under the existine zonine? This rezoning request will not significantly or adversely cause neighborhood changes. Please see generally the Overview section of Exhibit "A" to the corresponding Special Use Permit Application for this conditional district rezoning request. Consistent with the Applicant's previous rezoning of the Original Property, the Applicant's proposed use of the existing marina facility, as shown on the CD(R-15) site plan, will continue the decrease of activity for the marina and property than can generally occur under the previous SUP No. 67-Johnson's Marine and Boat Sales. All of the attributes of the rezoning and special use permit for the Original Property continue over to this Supplemental Property. The Applicant is essentially seeking to expand its very high quality residential yacht club development by eighteen (I8) units from twenty-five (25) unit single family residential units to -2- 49 forty-three (43) units-all to be complemented by the existing marina facility with each residential unit having a corresponding wet slip in the 60-slip marina facility. During the rezoning of the Original Property (with the marina) and in response to neighbor concerns, the Applicant eliminated all dry-stack storage of boats from an earlier version of its site plan for the Original Property. By shifting the focus of the Original Property from commercial to residential, the Applicant sought an R-15 zoning designation (2.5 units per acre), which allowed an additional six units on the entire Original Property of 11.46:1: acres, rather than the 19 units permitted as of right under the R-20S zoning designation (1.9 units per acre). The proposed rezoning for the Supplemental Property is consistent with the Land Use Plan and the goals of the rezoning of the Original Properties. Keeping the entire Property at 2.5 units per acre (R-15) would allow greater flexibility with the site and planned open space as shown on the Site Plan. This small increase in the number of allowable units for the Supplemental Property will essentially allow the Applicant to expand its existing outstanding development with a proposed first-rate clubhouse, pool facility, landscaping and other amenities and components. The performance residential development pattern for the Property at the R-15 level will create an efficient use of this valuable land and enable a better utilization of the marina's 60 wet slips by 43 homeowners rather than 25. The R-15 zoning density is consistent with the County's Land Use Plan for Resource Protection areas. From a utilization and traffic standpoint, the marina will now have more homeowner involvement and less use by non-homeowners. 4. List proposed conditions and restrictions that would miti2ate the impacts of the proposed use. Conditions and restrictions were already developed for the Original Property when this portion of the project was rezoned in May of2006. Additional conditions and restrictions will be developed as this application is processed by the County Planning Department. -3- 50 B. WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT OVERVIEW Development Data: Total Development Area - 19.15 ac. Minus Class IV Soils - 0.00 ac. (not applicable) Minus Natural water features- 1.49 ac. (not applicable) Total Development Area - 17.66 ac. Performance Residential Density - 17.66 ac. @2.5 units/ac. (R-15) = Total Units Permitted - 44 * * 43 Units Proposed * * Area in Right-of-way - 1.52 ac. Area in Lots - 8.09 ac. Area in Open Space - 4.50 ac. Area in Marina - 3.45 ac. Total Tract Area- 17.56 ac. 60 Boat Slips with Proposed Emergency Ramp -4- 51 General Requirement #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." Statement by Applicant: As stated above, in May of 2006, the County Commissioners rezoned a significant portion of the Property-the 11.46-acre tract rezoned to CD R-15 Residential Conditional Use District rezoning [Case No. Z-838 (May 2006)] and Special Use Permit [Case No. S-556 (May 2006)] (amending and modifying the previous SUP No. 67 for a commercial marina on the Original Property last amended in 1999). With these previous special use permits for the Original Property, the County Commissioners have determined that the operation of the marina and the residential component at a density level of 2.5 units per acre for the Property "will not materially endanger the public health or safety iflocated where proposed and developed." In this regard, it is significant to note that the proposed CD(R-15) site plan for the Supplemental Property with the Original Property is actually a less intense use of the entire Property than that allowed under the original SUP No. 67. As discussed with the 2006 hearings for SUP No. S-556, the new Mason Landing Yacht Club project eliminated boat sales, repairs, construction or storage on the Property and has resulted in a remediation of the Property from the intense commercial use to a more environmentally friendly planned residential development. In contrast to the previous commercial marina, the Mason Landing Yacht Club CD(R-15) site plan provides for an upscale single-family residential development, with each unit having a corresponding wet slip at the existing marina. The marina is presently undergoing a significant face-lift, including upfitting, landscaping, lighting and other aesthetic improvements to improve the marina facility, common areas and open space to a level commensurate with the high quality homes and clubhouse facility to be constructed. The Applicant has submitted and received certain permits from the Division of Coastal Management and the U.S. Army Corps of Engineers for the marina improvements and is planning to commence work before April 1, 2007. With only forty-three (43) residential homes to be offered for the entire Property, each within walking distance of marina, this will be a very high-end development unlike any other in New Hanover County. In short, SUP No. S-556 will continue and be amended to include the Supplemental Property and additional residential home sites. SUP No. S-556 provides for a total of 60 wet slips. During the approval for SUP No. S- 556, the Applicant wanted to eliminate the existing boat ramp; however, it has realized since May of 2006 that an emergency boat ramp for this area of New Hanover County is a public need. Accordingly, the submitted Site Plan for the Property contains a modification for SUP No. 8-556 to allow the Applicant to continue the use of the existing boat ramp for emergency situations, especially during hurricanes when access to a ramp is critical to remove boats from the water. -5- 52 By pursuing its rezoning of the Original Property to CD(R-15), the Applicant will apply the limitations of the County's Zoning Ordinance that strictly limit uses in a conditional use district to the approved use. See Section 59-7-2(2). The proposed use of the entire site as CD(R- 15) will ensure a well planned community for this area of the County. Again, approval of the CD(R-15) rezoning and site plan for the entire Property essentially eliminates the possibility for a dry-stack storage facility of any significance on any portion of the Property in the future, which has been a concern for the surrounding neighbors in past hearings. With the May 2006 rezoning and special use permit of the Original Property, the County Commissioners opted for a scaled-down version of the then-permitted commercial marina, with less boat storage, less impervious surface, less automobile traffic being generated, better stormwater management, and a focus on the residential nature and use of the property. By reason of the foregoing, the proposed use of the entire Property, especially with the Supplemental Property, will "not materially endanger the public health or safety" where it is presently located. In fact, in its 1999 Order, the County Commissioners stated that the marina "has been a vital and integral part of Middle Sound for many decades." (1999 Order at p. 4.) Additionally, since one part of the conditional use is essentially a continuation of the marina use of property over the past several decades, there will be no additional impacts on water quality, primary nursery areas, shellfish grounds or conservations resources, which is a point made by the County Commissioners in its 1999 reaffirmation of SUP No. 67 (See Finding of Facts p.3). The findings of the Commissioners' for SUP No. S-556 continues as applicable to the Supplemental Property to be including with the Original Property to form the entire Mason Landing Yacht Club Development. Commercial marinas are specifically permitted in R-20 and R-15 districts with certain special and general use conditions. Section 23-63 of the County's Zoning Ordinance defines a Commercial Marina as "any dock or basin and associated structures commercially providing permanent or temporary harboring or storing of two (2) or more boats (pleasure and/or commercial) and providing marine services, including, but not limited to, retail sales for fuel, repair, convenient food stuffs, boats, engine and accessory equipment." The former Johnson's Marina under SUP No. 67 squarely met this definition of a Commercial Marina under the provisions of Section 23-63, and the continuing use of the marina property under the proposed CD(R-15) Site Plan for the entire Property likewise meets this definition but in a less intensive manner. As affirmed with SUP No. S-556, the other uses of the subject Property, apart from the commercial marina, will be residential, which is a permitted use by right in the R-I5 zoning district, carrying over to the CD(R-I5) zoning district. See Section 59-7-2(1). -6- 53 General Reauirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. Statement by Applicant: In addition to the foregoing, existing SUP No. S-556 meets all of the required conditions and specifications of the County Zoning Ordinance and the addition of the Supplemental Property will not impair the conditions and viability of SUP No. S-556. A review of the proposed CD(R-I5) application and site plan demonstrates that all technical requirements for the R -15 zone and development of a commercial marina have been or will be satisfied. General Reauirement #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." Statement by Applicant As stated above and reflected in existing SUP No. S-556, since this conditional district rezoning request is for the continued use of a commercial marina, together with a residential component, there will not be any significant or adverse neighborhood changes. The overall density will be in keeping with the Resource Protection classification in the 1999 CAMA Plan and the Wilmington-New Hanover County Joint Coastal Area Management Plan (2006 Update) ("2006 CAMA Plan Update") (collectively referred to as "Land Use Plan"). In its 1999 Order, the County Commissioners stated that the marina "has been a vital and integral part of Middle Sound for many decades." (1999 Order at p. 4.) The Applicant will offer evidence supporting its position that the proposed CD(R-15) will not substantially injure the value of adjoining or abutting property as it did during the hearings for SUP No. S-556. The Applicant, in fact, suggests that development of the proposed project will have a greater beneficial impact on surrounding property values than that caused by the previous commercial marina use of the Original Property under the previous SUP No. 67. The Applicant envisions a beautifully landscaped, aesthetically pleasing community with well-constructed Charleston-style homes that will enhance the surrounding residential property values and be one of New Hanover County's premier waterfront communities. Over the past few decades, there has not been a diminution of value in the adjoining properties because of the previous commercial marina under SUP No. 67 relating to the Original Property, which has been a part of the Middle Sound community since the 1960's. Properties surrounding the existing marina facility, particularly those on the water, are perhaps some of the most rapidly appreciating and valuable residential properties in the County, if not the entire State. The proposed improvements and enhancements to the subject property are not expected to have an adverse impact on this trend. -7- 54 Additionally, based upon the findings of the County Commissioners in 1999 regarding SUP No. 67, use of the Original Property as a commercial marina was viewed as a public necessity. This is why the Applicant is requesting a modification of SUP NO. S-556 to continue the boat ramp at the marina for emergency uses. In addition to the boat slips sold with each of the 43 single family residences, the remaining wet slips will be made available for lease or sale to the public. The County Commissioners specifically found in 1999 that "water dependent uses are in critical need in New Hanover County, and the County must provide adequate opportunity and land for the operation and growth of commercial marinas." (1999 Order at p.2.) This finding was ratified by the Commissioners in approving SUP No. S-556 in May oflast year. General Reauirement #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." Statement by Applicant: As noted above and consistent with the existing CD(R-15) zoning for the Original Property, this conditional district rezoning request for the Supplemental Property is essentially a request to better an existing residential/marina facility project and allow the expansion of an upscale surrounding single-family residential community in harmony with the surrounding residential neighborhood. Accordingly, the County Commissioners have previously determined (unanimously) that this site is a proper location for a marina and that a commercial marina on this property is in harmony with the surrounding area, and this facility in the past "has existed in harmony with the surrounding area." (1999 Order of County Commissioners, p. 4.) The subject Property is classified under the current land use plan as Resource Protection. The Applicant does not intend to intensify the use of the Property, and, as stated above, the proposed CD(R-15) site plan for all of the Property envisions a less intense use ofthe Property in keeping with the issuance of SUP No. S-556, especially regarding vehicular traffic to and from the development. The proposed expansion of the residential/commercial marina use of the Property will advance many of the goals of the Land Use Plan. Some of the primary policies and goals contained in the 1999 CAMA Plan and 2006 CAMA Plan Update include generally the following: The Applicant's proposed use of the property complies with the Policies for Growth and. Development adopted by the Board of County Commissioners. Specifically, the Applicant is in compliance with the general economic and community development policies under the Land Use Plan. Continuation of the -8- 55 use of the Applicant's property as a commercial marina with a single family residential component is consistent with the Land Use Plan. The Applicant's proposed use of the property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the Land Use Plan. Since commercial marinas are permitted in all residential uses, it is particularly important that the established marinas which have existed for many years in New Hanover County be fostered and allowed to develop and evolve. The issuance and reaffirmation in 1999 of SUP No. 67 and the issuance of SUP No. S-556 in May of 2006 were decisive conclusions of law that the use of the marina portion of the subject property as a commercial marina was and remains beneficial and compatible in the subject residential zoning district. The proposed use is a continuation, enhancement and improvement of and to the existing marina use of the property and is clearly in harmony with the area and consistent with the historical use of the property. Both the 1999 CAMA Plan and the 2006 CAMA Plan Update state that the City of Wilmington and New Hanover County shall "[e]nsure the provision and preservation of adequate open space for the continuing enjoyment of residents, for its contribution to the community today and for generations to come, to protect our natural environment and wildlife habitats, and to provide educational & recreational opportunities." (1999 CAMA Plan Open Space Policy 2.1; 2006 CAMA Plan Update, Open Space Policy 2.1.) As shown by the CO(R-15) site plan, the efficient clustering of homes under a performance residential framework will provide for areas of open space not found in traditional R-15 or R-20 developments. Working closely with NCOENR, the Applicant will ensure that the entire 19.15 acres (including 1.49 acres of water features) will be developed in a manner consistent with sound stormwater management and will comply with all applicable codes, ordinances and regulations. In this regard, the proposed CO(R-15) site plan strives to "enhance the quality of the built environment while preserving and protecting the area's natural environment." (1999 CAMA Plan, Location/Demand Policy 1.) It is important to note that a great deal of the Original Property (commercial marina) consisted of impervious concrete surface that is being removed as development of this site begins. The Applicant plans to remove a significant portion of this concrete, as shown by the CO(R-15) site plan (and as shown on the site plan for SUP S-556 as well), resulting in less impervious surface at the project's build out than currently exists with the Johnson's Marina commercial marina facility. The commerciaUresidential mixture of the property is also favored by the Land Use Plan, which encourages mixed-use developments, though the commercial use of the property will be much less intense than previously existed under SUP No. 67. The Land Use Plan also states that the County shall "strive to protect the character of the area's existing residential neighborhoods" -9- 56 (1999 CAMA Plan, Residential Neighborhoods Policy 7), which goal is promoted by the expansion of the Mason Landing Yacht Club project. The Land Use Plan "encourage[s] innovative development strategies" and "flexible design guidelines that enhance the aesthetic impact of the built environment" (1999 CAMA Plan Design/Regulatory Policy 8; see also 2006 CAMA Plan Update, Policy 5.2). The Applicant and its development team are very proud of the design of the proposed project with the expansion of the Supplemental Property, which has been revised extensively to reflect and address the comments and concerns raised by area neighbors. Ultimately, the proposed CD(R-15) site plan seeks to make the best use of this unique property, and one that will result in an outstanding and innovative water oriented/water access community of the highest quality with a first-rate marina facility unlike any other in this area. -10- 57 /",~'~,~0:~f G.~~~,., (rill New. Hanover County f . 8 Planmng Department . .. ~Jv Hanover l:ounty Governr~~ s :: v . ;< \\ ; .~ 230 Government Center Drive, Suite 150 \.,:: <./1 Wilmington, NC 28403 "~:iE~:;'> P 910.798.7165 F 910.798.7053 Chris O'Keefe Planning Director March 23,2007 Mr. Ken Shanklin, Attorney Shanklin & Nichols, LLP 214 Market Street P.O. Box 1347 Wilmington, NC 28402-1347 Re: Mason Landing Residences & Yacht Club (File Number 07020.001) Dear Mr. Shanklin: In regular session on March 21,2007, the County's Technical Review Committee (TRC) informally discussed and provided cursory comment on the proposed preliminary site plan known as Mason Landing Residences & Yacht Club located off Tumer Nursery Road, Middle Sound Community. As you know, this project has been resubmitted to the County as a Conditional Use Rezoning modification to add 7.69 acres (18 additional lots) to the project from R-20S (Single Family) to the existing CD(R-15) Conditional Use District. This matter will be heard at the April 5, 2007 Planning Board meeting. In their cursory review/discussion of Mason Landing Residences & Yacht Club, the TRC provided the following comments: 1) Clarification on the number of boat slips is requested. The Board of County Commissioners approved 60 slips. The TRC in their approval of the preliminary site plan in August, 2006 approved 57 slips as displayed on the plan. 2) Nautical Yacht Club Drive within the project and Register Lane in Register Place subdivision are only 15' apart and run parallel to each other. Only 160' separates the entrances for the two streets. TRC members recommended moving the road to the northeast side to improve the design of the project. One member suggested eliminating Nautical Yacht Club Drive and utilizing Register Lane. 3) The project is located within the Northeast Interceptor Moratorium area. A suitable method of wastewater treatment will be required. A clarification on the use of potable water will also need to be addressed. If private well and septic systems are proposed, the project may not qualify for Performance Residential criteria under Sections 51.5-2 (5), 52.5-1 (if rezoned), and 69.6 of the County's Zoning Ordinance. 58 Shanklin Letter 2. 4) While not expressly prohibited under performance residential criteria, proposed lot sizes ranging from 6,700 square feet up 10,000 square feet do not fit in with the surrounding character of the community. Based on the present zoning ofR-20S, the principle use of the land is for low density single family residential purposes. The regulations of this district are to permit development compatible with the preservation of its rural character and provide for limited growth. Please note that a more thorough review of the site plan with additional agency comments will be provided once a formal submittal of the plan is presented to the TRC for review. Attending the meeting were TRC Chairman David Adams (Planning Board), Sam Burgess (Planning staf!), Jim Iannucci (County Engineering), and Tom Sosebee (County Fire Services). Also attending were Sharon Huffman (County Legal), Jane Daughtridge & Bobby Harris (Planning staf!), Matt Davis (County Fire Services), Vernon Weedon (County Schools), Cindee Wolf and Mark Hargrove(Withers & Ravenel), Steve Saieed and Dick Hurst (developers of the project), and you. Please share this information with your client(s). Contact me if you have questions. I may be reached at 798-7441. cc: Planning Board members Sincerely, Zoning Enforcement (Hines) f.Q7w'iwD Fire Services (Davis) Engineering (Iannucci) S.A. Burgess County Legal (Huffman) Principal Development Planner ./ County Planning (O'Keefe/Daughtridge) File 59 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 CASE: Z-838, 5/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.3 is hereby amended by removing the hereinafter described tracts from the R-lOS Residential Zoning District Classification and placing them in the CD (R-15) Residential Zoning District Classification, said land being described as follows: Parcel 1: BEGINNING AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC R/W), AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406, 40' PUBLIC RiW). THENCE, FROM SAID BEGJNNlNG POINT, ALONG AND WITH SOUTHERN RIGHT OF WAY OF MASON LANDING ROAD, NORTH 87 DEGREES OJ MINUTES 33 SECONDS EAST 283.79 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY, NORTH 87 DEGREES 10 MINUTES 08 SECONDS EAST 65.27 FEET TO AN EXISTING IRON PIPE, TIlBNCE CONTINUING ALONG SAID RIGHT OF WA YNORTH 86 DEGREES 51 MINUTES 38 SECONDS EAST 170.46 FEET TO A POINT, SAID POINT ALSO BEING LOCATED SOUTH 74 DEGREES 44 MINUTES 2S SECONDS WEST 129.48 FEET FROM A RAILROAD SPIKE LOCATED IN THE CENTER LINE INTERSECTION OF MASON LANDING ROAD WHERE IT TAKES A NORTHERLY TURN. TRENCE soum 47 DEGREES 03 MINUTES 35 SECONDS EAST 1089.26 FEET TO A RED STONE. THENCE SOUTIi 34 DEGREES 37 MINUTES ]0 SECONDS WEST 73.82 FEET TO A POINT. THENCE SOUTH 49 DEGREES 16 MJNUTES 20 SECONDS EAST 469.00 FEET TO A POINT IN THE lNTRA-COASTAL W ATERW A Y. THENCE SOUTH 36 DEGREES 36 MINUrBS S4 SECONDS WEST 99.94 FEET TO A POINT IN THE WATERWAY. THENCE NORTH 47 DEGREES 55 MINUTES 42 SECONDS WEST 466.80 FEET TO A POINT. THENCE NORTH 46 DEGREES 50 MINUTES 42 SECONDS WEST 499.98 FEET TO AN OLD STONE. THENCE NORTH 36 DEGREES 55 MINUfES 51 SECONDS WEST 17.98 FEET TO A POINT. THENCE SOUTH 53 DEGREES 12 MINUTES 10 SECONDS WEST 81.19 FEET TO A POINT. THENCE sourn 53 DEGREES 03 MINUTES 20 SECONDS WEST 216.89 FEET TO AN EXISTING "RON PIPE. THENCE CONTINUING THE SAME COURSE 19.85 FEET TO AN IRON PIPE SET IN fHE EASTERN RIGHT OF WAY OF TURNER NURSERY ROAD. THENCE ALONG AND WITH THE EASTERN R1W OF SAID ROAD. NORTH 35 DEGREES 5S MINUTES 19 SECONDS WEST 286.74 FEET TO AN IRON PIPE SET, SAID m.ON PIPE ALSO BEING LOCATED NORTH 50 DEGREES 54 MINUTES 11 SECONDS EAST 19.07 FEET FROM A RAILROAD SPIKE IN TIIE CENTERLINE OF SAID ROAD. THENCE ALONG AND WITH SAID RIGHT OF WAY, NORTH 41 DEGREES 04 MINUTES 17 SECONDS WEST 355.64 FEET TO A DOT R/W MONUMENT. THENCE ALONG AND WITH SAID RIGHT OF WAY NORTH 46 DEGREES ]9 MINUTES 57 SECONDS WEST 265.34 FEET TO THE POINT OF BEGINNING. CONTAINING 10.07 ACRES. Parcell: Z-838 Page 1 of 2 60 r COMMENCE AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RlW). AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406, 40' PUBLIC R/W). THENCE SOUTH 87 DEGREES 27 MINUTES 04 SECONDS WEST 57.62 FEET TO A DOT RIW MONUMENT AT THE INTERSECTION OF SOUTHERN R/W OF MASON LANDING, AND WEST RIW OF TURNER NURSERY ROAD. THENCE ALONG AND WITH WESTERN R/W OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 MINUTES 37 SECONDS EAST 303.82 FEET TO A DOT RlW MONUMENT IN THE WESTERN FJW OF TURNER NURSERY ROAD. THENCE ALONG AND WITH SAID RlW SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 90.80 FEET TO THE POINT OF BEGINNING. THENCE FROM SAID POINT OF BEGINNING SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 260.76 FEET TO A DOT RlW MONUMENT. SAID R/W MONUMENT ALSO BEING LOCATED SOUTH 52 DEGREES 02 MINUTES 56 SECONDS WEST 20.98 FEET FROM A RAILROAD SPIKE IN THE CENTERLINE OF TURNER NURSERY ROAD. THENCE SOUTH 35 DEGREES 55 MINUTES 19 SECONDS EAST 87.64 FEET TO AN !RON PIPE SET. THENCE, soum 53 DEGREES 49 MINUTES 13 SECONDS WEST 168.20 FEET TO AN EXISTING IRON PIPE, THENCE, NORTH 41 DEGREES 51 MINUTES 42 SECONDS WEST 334.76 FEET TO AN EXISTING IRON PIPE. THENCE, NORTH 49 DEGREES 15 MINUTES 18 SECONDS BAST 180-07 FEET TO THE POINT OF BEGINNING. CONTAINING 1.39 ACRES MORE OR LESS, AND BEING mE SAME AS DESCRlBED IN DEED BOOK 4959 PAGE 2639 OF THE NEW HANOVER coUNTY REGISTRY. ~ectio~ 2: The County Clerk is herehy authorized and directed under the supervision of the County onun:ss~oners to Change the Zoning Map Area No.3 on file in the office of ComnnsslOners, so as to make it comply with this ordinance. the County Section 3. Any ordinance f.. of such conflict, is hereby ~~pa:~:: 0 any ordmance m conflict with this ordinance, to the extent ::~~~~ :; ~~h~~~~:~sc~::h:d~~~:~~f~e~~:~::r p~~~~ ~~t~: safet~ ~~~~s ~d general and effect from and after its adoption ,0 ~na, an s e m full force Adopted the 1st day of May 2006. 1l~ Attest: Robert G. Greer, Chairman ~~~f~ \. ~\~~~ Sheila Schult, Clerk to the Board Z-838 Page 2 of2 61 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For 25 residential units in a CD(R-15) Zoning District Z-838, 04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z-838 submitted by Mason Landing Yacht Club, LLC for a special use pennit, companion to the conditional rezoning request, to locate a twenty-five (25) residential units in a CD(R-15) Residential District located at 2029 Turner Nursery Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safetyiflocated where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a I DO-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site plan shows twenty-five (25) residential units, the maximum number allowed under the performance residential in an R -15 Residential zoning district. B. The amount of recreational space is 2.7 acres. C. The amount of impervious surface is 24.9%. D. The residential parking requirement is satisfied on the site plan. E. No buffering is required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that this project will decrease property values of nearby uses. B. The land use on this property has been a commercial marina within a residential district for 23 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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 62 it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and Watershed Resource Protection. B. Residential development at this density occurs frequently throughout the Middle Sound area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan: Ordered this 1st day of May, 2006 (iJdML- Robert G. Greer, Chairman ~\:\ \~~0~ Sheila L. Schult, Clerk to the Board 63 _~~~M.~..Frrr~~Frr.rrrMrr.~r.orrr.rrr~ro '~ I . . ! i j i 1- ,- :-,- 1- :- i-- :-- iN iN t N iN N N IN N N M 1M ,M M 1M ,M MM IM:M . !N i :: i i. ,;'::!"":: 1 j I I \ 1 : i i .., IHI-t-i-+-+-++-,-H-+t++t- "+ ++lur .., r .. ~ : i ' I ' ' ii' ; 1, !! j Ii! 1 I ! i I I 1 ;;; Z i I I I I I : i .!: i i 1 ! I ! i , ::E 8~ c 0 1 'j ill I I ! I : I '(0 <t: . i i i !! i I <l~ 0.. ~ j: j !! I i :s: .., <9 .. - "CI ~ .~ N 1 I I I I 'I i ' oi.! c Ql ..~ '~:~ I~:~,~ i, I~ ~ I~ I~ iu. i~ I'" 10 I~;;'!~, ~, l~ I ~lii~ '" . . Ql . . - '''' '''' I~ I~ ~ I "l '" I", ID I I;: W :> ID ~ ~ ,I"l E '" ID I '" I :8~z ..J I. .: .~ ;~ id Id d jd Id I 1 I~ Id d d Id , " I~ I~ IE I~ d ~ ~ i d P did ~ d I:q '0 I ...... ~ to- ~ 52 5fJ.5 :.1,,,," I: "'I'" II'" 'I'" < I ' ,,' L,; '< ~ o~~ lfi1i" i" " " I" '" I ~"""" !iIl J: 9 ill OJ ili " ~ II: ~ ~ " " ~ 9\ "I "0,, 0:: ~ I~ ':<( >- >- >- >- >- ::> >- >- >- >- e; ffi .., ~ .., >- ~ en >- ~ >-1 >- ~ >- I Cl C!. .~i1 l.~.!~!i~I~!I~~i~lll~!I'l'II,.lilllilf~i :!E :!iz~ .+. ClO )(...... .. c c 'Ii 10 :5 :5 :5 :5:5 0:: :5:5 ':5:5 ili I~! I~ I ,:5;:; I ! 1:5 0 i :5 'Ii :5 ~ :5:5 ~ '~ M o~ z i !g IH 'g U I~ ~ sHB g ~ H ~ I~ ~ ~ ~:l h ~ g ~ g U () ~ i~ !~ ~ ~5{ 11~~~~~;;'~~~'Ii~~~iQ i~~~ili""I~'Ii~~I~'lii~g;;,~~1 N 00"- ~.Jc( 64 I :: ~ Iii i - . ~ ! h~ I' I:! ii -CO n. 1 i,. I :0 J JI' J D fit i~ ',f i E! III ~~ i h )~ ~ / ! d~1 ~jtM jl if ~ ti~ ~I ~ ~ ~ ~ i ~ -0 .~i 8 .j 1 5 . ]J ~ ~! :g Id IH ~:I: ~ '" ~t 'tfl :::;:;; MillJi~ ~~ -'.'50> JiBt ft ~J ~~~~ ~~~j t I J.i H l!'e58 !l... .. .. <II --.B ~(1) 11 Ill!' ~L~ I ~g ~ ~~ll ' /' J' o . ~. A : ( :1"1 41 bl!! tl ,. Ii iI rill I : J h q~ !fiit.t U il til~ Rii m ~ilK III ~; PP iil 1,1 dtll~~~~' II] ~ ~I ioh ulJ ~ ~J !~n"l ~1!4.}'J) ~/ ~ ~/ , I 1/ ;:.al I'~n~, '1 .... ~ I ~ ':'a I 0 I .'~, ~ ' hli!~ll I I ~ 1-- , e i S: ~ ~ " IE' . : n l ~I i"~ S ~ . Ill..... .J ') = '. ' . ~;; U .J I R' ,~' "'I- I! ~fll d !~~~ \ J~!.ll w ~ ~ "p l"I~. z!~ I 1~1 I~! 1 !11 ~ 1 ~ ~ ~ . , .~ ... ~ + ! ~:.. ~~e m I ... ". c( {' , i: ~~i~Ui W1' n: ~ 11 lo/l! ~ I j I III !~~~ m~ ~ .. . J I q~.U ,,; ;$ I~~~~~mm~~~~~~s III i" Iii I;t:;! !ilil nt 'I d~~~~~~~~~~~~~~~~~i ffi ~ ~ !I!d! ~! idl i iiiii Ii litH ~ ~mmmtr_ ~ t; 65 This page intentionally left blank. 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 5.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Rezoning (Z-862, 4/07) - Request by Withers & Ravenel for Louise M. Stevens to Rezone Approximately 9.25 Acres in the Transition Land Classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-10 Residential District BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the requested rezoning. Three adjacent residents expressed concerns relating to the potential for small lot sizes adjacent to a conventional older subdivision (Brierwood); increased traffic; and the potential to exacerbate existing drainage problems in the area. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ iii.:.:::.: iii.:.:::.: Z-862-Staff Summary.doc Z -862-Petition Summary. doc adjacent property owner map, petitioner application ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was continued to the June 4, 2007 meeting 4-0 at the request of the petitioner. 67 CASE: Z-862, 4/07; PETITIONER: Withers & Ravenel for Louise M. Stevens REQUEST: From R-15 Residential District to R-I0 Residential District ACREAGE: Approximately 9.25 Acres LOCATION: 4451 and 4453 Gordon Rd. LAND CLASS: Transition PLANNING BOARD ACTION: At its AprilS, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the requested rezoning. Three adjacent residents expressed concerns relating to the potential for small lot sizes adjacent to a conventional older subdivision (Brierwood); increased traffic; and the potential to exacerbate existing drainage problems in the area. STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is on the westernmost segment of Gordon Road, west of 1-40 and near the intersection with Brierwood Drive. Gordon Road is a collector road on the thoroughfare plan. Level of service has been rated A&B along this segment, meaning traffic flow is free and stable. The subject property is currently single family residential. Adjacent to the east is Brierwood Subdivision which is zoned R-lO. The Airport Residential zoning district abuts on the west side but the property is not within the airport approach zone. The subject property is located within the Smith Creek watershed drainage area. The property is not influenced by flood hazard. The site is in a primary or secondary recharge area for the principal aquifers. County water and sewer are in place in the vicinity. Land Use Plan Considerations: This rezoning petition proposes a change from lower density R-15 Residential with a maximum of2.5 units/acre performance and 10.2 units/acre high density to R-IO Residential with a maximum density of 3.3 units/acre performance and 17 units/acre high density. Such action would result in the following possible density scenarios: Units (Performance) Units (High Density w/SUP) R-15 23 94 R-IO 31 157 68 The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from R -15 Residential to R-l 0 Residential District is (or is not): I. Consistent with the purposes and intent of the Community land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow an increase in density from 2.5 units per acre to 3.3 units per acre based on the availability of urban services and adjacency to existing R-I0 zoning. 69 Case: Z-862, 04/07 Petition Summary Data Owner/Petitioner: Withers & Ravenel for Louise M. Stevens Existing Land Use: Residential Zoning History: Area 8B (July 7, 1972) Land Classification: Transition Water Type: County Sewer Type: County Recreation Area: Ogden Park Access & Traffic Volume: Gordon Road (collector) ADT 4,799 (4/05) LOS A&B Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Smith Creek Watershed; C(SW) Aquifer Recharge Area: Primary or Secondary Recharge area of the principal aquifers ConservationlHistoric/ Archaeological Resources: None Soils: Se- Seagate fine sand; Be-Baymeade fine sand Septic Suitability: Class II - moderate limitations Schools: Blount Elementary 70 1/ .... ~::.~ ~ f f /Il~~ .. .' ..... ........ ~~ r--~ . . ........ .0... _. ,.-,_,.;'~..:-~ .. ...~:,:. -------., III. . . jC It~ ........ ~',,}E;'i - j .. ". . ... ..........: ..... . ""S, 'i'; '-------------- ~ , ..... ....~7'S:t~ 3LV^,.r. ". {.., ...... ~C,' ........,";;0 ;;:. ~i"S"...,..;""C.I('i u ~......./~: ~~~~~ ~ ,;z:+:,,5\\(" ,,; " ~ "': q.., 1- n-\ \ ---j~'7" i,(,/ .l.------aH.J ~ --; ~~Ol:::-'-- I ; ..,...,.....,.. >.<"%1-: N ~ ~ f- ~ =:= '\ ,......~[,,<ii,(<ii '( ,e 0 10 ...., r-~~) ~ lQ; h~ I ~ ~L Q:j f- ~ ~ = f- ~.... ~... ./ ..,.,.10< . fJ !!J - S:::J I-- ~ f-... ..... g a ~ .........~!?<t.o.. - ~ - -L,. ',':--:--_:"0: ~C"" ...... . '? ~ ~~ f- - /'"'" ". '.. ... 11 .... -;.. w I~"!"~~ ~ ~., i" .:i' .... iIt:l.. .:_.,..-.: ic-- ~. .c~ ~ f-d1'3003'S3Nms-.:,~, ,..;.... -~!-----..:::, m No :;:.... ~ ',.' ,.. - ~ ~ r--, Iii .":. ~.'" rl ,f1 -;: -.. ~ -J~....... rJ1i !i6 I~~~J .,.,u""" ., ~ ..... ":;:'8 "",,' #1, ~ 1 rBIRN/AMtN-= -. 11=_ r-:= r:::: " / I" ~ ~ _____ / / '!\. r-- I---- ",- - / it ~ II --,~_-13 '" , ____ f-- -'9 ~ e- / / _] -'w ~ ~_ / / /> r---------~---- ~ I .0.'00.80,,"" ~ i- , '/ \l - ,,/// .II r--r- ! / ~. .'"'""'.'.".'."'.".".''''''1' 'I' U18_ I cJ \i~ i ' ':';:: ~ i I I I ! : ,i I L I .B -c ~N' _ : ~ : : I , , i ! ! i : I : I I: I ~ 'f' f---H-.m.' !.'. i i. I 1.1., I. I. ',,~,: : LIII TT 2 "I ,III!! ! r--I ':1 ' ',:,:: :,,! , 1I""~H!n0~-F1 f---.l-.- ,~ 51 . .. !, '. !'. I r-- - '---I rrr' ..)(31 !~ !i'.::; ii I L-r-- -g ~ ~ ' i i I : I I :5- "'CIo.~<9; ';;';':'II!' a -~ g o"ii 5i rr=.~ N:: ! , ! ! ; , i(l): ! : : I LID: ~ ~ ~ __ ~ - _ ~ ~i ~:: :",,:lii::Z!::!I..J$ ~ [iJ -~_ ~ ~ i; I I j ,;! '...J ,: J~: I . ' ~ i : i: rr ~ z :t '-----J C3 2 It: ...J - - ~ I~ i'" I",. lij' . ~ 1-< ~, ! i 15liQ I '>- I I ~ m ~ r-- '" ,,~ t; ..... ~': I ~lgi"'I"'~i ~I~ ~l ! i Z ~'ll! ~I' ~ ~ -r~ ~ o ~ ~ i ~ I~ :'" I oJ,;:' ~ '" ~ I;;) d !J! ;;; 0 !J! ~ ~ I~ _r-' :/' / ",s<"" Ul'+ 'lIliUlUmnmUUlIiI ,c~~^' ~ 71 WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your request satisfies each of the following requirements: (Fill in Below or attach additional pages). 1. How would the requested change be consistent with the County's Policies for Growth and Development? The policies for growth and development encourage safe and affordable housing to be available to every citizen. Rezoning this property for a slightly higher-density of residential development would be consistent with the concept of transitioning uses, and in-filling vacant parcels where existing utilities can readily be extended and urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The CAMA Land Use Plan identifies these tracts as being in a Transition Land Classification. the intent of this classification is provide lands for future intensive urban development that are, or will be provided with necessary urban services. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Development of the Murrayville area has been active in the past several years. The adjacent subdivision of Brierwood is zoned R-10. Sanitary sewer mains have been constructed along Gordon Road, providing service from a public system, where previously the only option was individual septic systems. Public water is also available. The property is near the highway interchange for easy access to major transportation corridors into, and out of, the City. 4. How will this change of zoning serve the public interest? Infill of vacant properties with services and transition of uses in developed areas are important strategies to quell the inherent problems of the past urban sprawl. In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. \) ~~~~~ Wo~ Signature 0 Petitioner.:md/:or Pro rty Owner Print Name p,..~~ Page 2 of2 ZMA-02/07 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 5.3 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Request by Planning Staff to Amend Section 34 of the County's Subdivision Ordinance Extending the Review and Approval Period by the County on Minor Subdivision Submittals from Three (3) Days to Fifteen (15) Working Days (A-359) BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the amendment. No one from the public spoke on this item. 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: ~ Iiil.:-:::.: A-358.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 73 CASE: A-359, 04/07 Applicant: Staff REQUEST: Request by Planning staffto amend Section 34 of the County's Subdivision Ordinance extending the review and approval period by the County on minor subdivision submittals from three (3) days to fifteen (15) business days. PLANNING BOARD ACTION: At its AprilS, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the amendment. No one from the public spoke on this item. Historv Since September, 2000, the unincorporated area of New Hanover County has adopted a number of new subdivision and engineering regulatory changes that have had a significant impact on the time it takes to review and approve minor subdivisions. These changes have included but are not limited to storm water requirements, the dedication and/or payment for recreational park space, tree mitigation, "dry" sewer installation and certification along with sewer extensions and tap fees. Minor subdivisions are defined by the Subdivision Ordinance as being (5) five lots or less and are reviewed administratively by County Planning and County Engineering staffs. Presently, the County's Subdivision Ordinance under Section 34 states that "within 3 (three) working days of its receipt of the plat, the Planning Department shall either stamp the plan as an approved minor subdivision, or notify the subdivider that the plat fails to conform to the definition of a minor subdivision." To determine an appropriate amount of time for subdivision review, staff from the City of Wilmington Development Services Office and County Engineering staff were asked how long it took to review and approve minor divisions. The City of Wilmington Development Services Office indicated that the review of minor divisions "is rather involved" due to the time it takes to complete all infrastructure improvements (ie, water and sewer). Several years ago, the review process could be completed within 14 days. City staff now indicates that time certain reviews are not possible on minor divisions. Presently, the City's code indicates that there is no time limit for the review and approval for minor subdivisions. County Engineering staff has indicated that their review and approval period has increased significantly. The review time period has increased due to adopted stormwater regulations, "dry" sewer installation, easement issues, and the installation of water and sewer. Due to the increased complexity of subdivision review, staff recommends amending Section 34 as follows: Minor subdivisions may be approved by the New Hanover County Planning Department. . . . The plat shall conform specifically with Section 47-30 ofthe North Carolina General Statutes. Within t:hree-fifteen (15) working days of its receipt of the plat, the Planning _._____0.__._.__ 74 Department shall either stamp the plan as an approved minor subdivision, or notify the subdivider that the plat fails to conform to the definition of a minor subdivision. 75 This page intentionally left blank. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenters: Dr. Art Costantini and Pat Melvin Contact: Pat Melvin, Assistant County Manager SUBJECT: Agreement with Southeastern Mental Health, New Hanover County Contract No. 07-0325 BRIEF SUMMARY: The proposed agreement with Southeastern Mental Health facilitates construction of a new mental health facility. Southeastern would convey to the County a 12.7 acre parcel and five million dollars from its unreserved fund balance. The County would then construct an approximately 40,000 square foot facility for lease back to Southeastern at one dollar annual rent. The County's design and construction cost shall not exceed $9,335,000.00. Southeastern's Board of Directors are scheduled to approve the agreement at its May 3, 2007 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider approval and authorization of contract execution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider approval and authorization of contract execution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 77 NEW HANOVER COUNTY CONTRACT 07-0325 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this _ day of ,2007, by and between NEW HANOVER COUNTY, a political subdivision ofthe State of North Carolina, hereinafter referred to as "COUNTY"; and SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES & SUBSTANCE ABUSE SERVICES, a mental health, developmental disability and substance abuse area facility organized pursuant to General Statute 122C, hereafter referred to as "SOUTHEASTERN". W I I .N .E S. S. .E I H: WHEREAS, the parties hereto desire to efficiently promote and provide mental health services through construction of facilities mutually beneficial to beth the County and Southeastern; WHEREAS, Southeastern is agreeable to participating in the cost of such construction; and WHEREAS, Southeastern shall make available to the County a sum of five million dollars from its unreserved fund balance to be used by County, together with County funds, for construction of a mental health facility to be occupied by Southeastern. NOW, therefore, the parties hereto agree as follows: 1. CONSTRUCTION: The County shall construct a mental health facility of approximately 40,000 square feet that shall be utilized by Southeastern, pursuant to designs and plans mutually acceptable to the parties. Southeastern shall participate fully in the design and planning process and shall have final approval of the design and 74357 --~--~._.._--- (revised) 78 NEW HANOVER COUNTY CONTRACT 07-0325 configuration of the approximately 40,000 square foot facility which it will occupy. The structure shall be constructed upon land presently owned by Southeastern, more fully identified as an approximate 12.7 acre tract of underdeveloped property positioned between Medical Center Drive and Physicians Drive in New Hanover County. The 12.7 acre property is comprised of 8.7 acres which are part of a medical subdivision referred to as Lakeside Estates, with the balance 4 acres being previously shown on maps as part of a proposed Wilmington Medical Park. 2. COST: Southeastern shall convey title to the subject real estate to the County and shall pay the sum of five million dollars to the County, on or before June 30, 2007. Upon receiving from Southeastern the referenced five million dollars and conveyance of title to the subject real estate, the County shall contract for and pay for all facility design and construction expense, not to exceed nine million three hundred thirty five thousand dollars ($9,335,000.). The projected construction schedule is for the design and construction plan phase to commence with the execution of this agreement. If, for any reason, construction ofthe facility has not begun by June, 2009, the County will return the real property and the five million dollars to Southeastern, if requested to do so by Southeastern's Board of Directors. 3. LEASE: Upon completion of construction, the County shall lease to Southeastern for one dollar annual rent the approximately 40,000 square foot area, for an initial term of thirty years and two renewal terms of thirty years each. Southeastern may exercise the renewal terms at its option. A lease shall be executed where under the County shall keep in good repair and insure the entire building and all associated facilities, including the roof, building exterior, building interior, mechanical, electrical and plumbing systems, grounds, and parking facilities. Southeastern shall pay its utilities 74357 (revised) 79 NEW HANOVER COUNTY CONTRACT 07-0325 and janitorial costs. Southeastern shall maintain insurance on its personal property and fixtures. Southeastern shall have the right to assign or sublet the approximately 40,000 square foot area, or portions thereof, to a nonprofit or governmental organization providing mental health, developmental disability, or substance abuse services, with approval of the County. NEW HANOVER COUNTY Board of Commissioner Chairman (SEAL) Sheila L. Schult Clerk to the Board Southeastern Center for Mental Health, Developmental disabilities & Substance Abuse Services Chairman (SEAL) Clerk to the Board 4/20(3) 74357 (revised) 80 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 7 Estimated Time: Page Number: Department: Planning Presenter: Dr. Mike Mallin Contact: Shawn Ralston Item Does Not Require Review SUBJECT: Presentation of UNCW Water Quality Monitoring Program Annual Report BRIEF SUMMARY: Dr. Mike Mallin, UNCW Center for Marine Science, will report combined results of the 2005-2006 Water Quality Monitoring Program. The program and associated report, titled "Environmental Quality of Wilmington and New Hanover County Watersheds," is funded by the City of Wilmington, New Hanover County and the US EPA 319 Program. The report includes combined results of Year 12 of the Water Quality Monitoring Program which includes 11 watersheds and 52 sampling stations. Dr. Mallin's presentation will highlight general water quality trends as well as key results of several special studies. RECOMMENDED MOTION AND REQUESTED ACTIONS: The purpose of the agenda item is to update the Commissioners. No action is required. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ... .:.. ~~ WQ report2006. pdf The Executive Summary is attached. The complete 102-page report is available for review in the County Manager's Office. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 8! ENVIRONMENTAL QUALITY OF WILMINGTON AND NEW HANOVER COUNTY WATERSHEDS 2005-2006 by Michael A. Mallin, Lawrence B. Cahoon, Troy D. Alphin, Martin H. Posey, Brad A. Rosov, Douglas C. Parsons, Renee N. Harrington and James F. Merritt CMS Report 07-01 Center for Marine Science University of North Carolina Wilmington Wilmington, N.C. 28409 www.uncw.edu/cmsr/aquaticecology/tidalcreeks February 2007 Funded by: The City of Wilmington, New Hanover County and the US EPA 319 Program (through NC Division of Water quality and North Carolina State University) 82 2 Executive Summary This report represents combined results of Year 12 of the New Hanover County Tidal Creeks Project and Year 8 of the Wilmington Watersheds Project. Water quality data are presented from a watershed perspective, regardless of political boundaries. The combined programs involved 11 watersheds and 52 sampling stations. In this summary we first present brief water quality overviews for each watershed from data collected between August 2005 - September 2006, and then discuss key results of several special studies conducted over the past two years. Barnards Creek - Barnards Creek drains into the Cape Fear River Estuary. There was only one station sampled in this watershed during 2005, lower Barnard's Creek at River Road. This site had no algal bloom, BOD or turbidity problems; but it had poor water quality in terms of low dissolved oxygen and fair water quality in terms of fecal coliform counts. It also had among the highest suspended solids, ammonium, total nitrogen and phosphorus levels among all the local watersheds. Bradlev Creek - Bradley Creek drains the largest tidal creek watershed in the area, including much of the UNCW campus, into the Atlantic Intracoastal Waterway (ICW). Seven sites were sampled, all from shore. Turbidity was not problematic during 2005- 2006. Dissolved oxygen was good to fair at all sites except the branch at College Acres (BC-CA) and the north branch (BC-NB) at Wrightsville Avenue where there was ongoing bridge construction. Elevated nitrogen and phosphorus levels enter the creek in both the north and south branches, and two major algal blooms occurred in the creek in the south branch (BC-SB) at Wrightsville Avenue. Fecal coliform bacteria samples were collected at all stations, with poor microbiological water quality at four of the six sites (BC-CA, BC-CR (at College Acres), BC-SB and BC-SBU (upper south branch). Burnt Mill Creek - Burnt Mill Creek drains an extensive urban area into Smith Creek. The number of sampling stations on Burnt Mill Creek was increased from three to six in 2005, because of additional funding from the EPA319 program through North Carolina State University. There were no turbidity or suspended solids problems in 2006, but the creek showed poor water quality in terms of substandard dissolved oxygen, with four out of six stations having dissolved oxygen concentrations below the State standard> 25% of the times sampled. High fecal coliform counts were another major problem, with all six sites exceeding the human contact standard> 25% of occasions sampled. There were also algal bloom problems at the Wallace Park and Princess Place stations. The effectiveness of Ann McCrary wet detention pond as a pollution control device was poor during 2006. While the pond led to a significant reduction in nitrate and turbidity and an increase in dissolved oxygen, it failed to reduce other nutrient concentrations including ammonium and total nitrogen, and actually led to a significant increase in total phosphorus. Several water quality parameters indicated a subsequent worsening of the creek from where it exited the pond to the downstream Wallace Park and Princess Place sampling stations. 83 3 The constructed wetland on Kerr Avenue led to a statistically significant decrease in nitrate, but none of the other nutrient species (although decreases in ammonium and fecal coliform bacteria counts were nearly significant). Sediments were sampled for metals and polycyclic aromatic hydrocarbons (PAHs - urban-derived toxic compounds). Most of the stations had sediment metals concentrations that were well below levels considered potentially toxic to benthic organisms. One exception was lead, which exceeded known potentially toxic levels at the Wallace Park station BMC-WP and the Princess Place station (BMC-PP). Lead concentrations at BMC-KA 1 approached harmful concentrations but did not exceed them. Copper exceeded potentially toxic levels at KA-1 but was much reduced at the output station KA-3; copper concentrations were close to the ERL (low toxic range) at BMC-WP and AP-3. Additionally, while not exceeding toxic levels both cadmium and zinc approached them at BMC-WP. All of the PAH sediment samples exceeded known toxic concentrations except for Station AP3, below Ann McCrary Pond, where PAHs were below the detection limit. Sediment metals and PAH concentrations in general were similar to those of 2005 except for the increased copper at KA 1 and lead at BMC- WP and BMC-PP. Compared with sediment samples taken in 1999 at BC-PP, there was a decrease in copper, chromium, lead, and zinc in 2006. This may have been a result of burial of contaminated sediments by further sedimentation, or flushing from storm-induced flooding. Futch Creek - Futch Creek is situated on the New Hanover-Pender County line and drains into the ICW. Six locations were sampled by boat. Futch Creek maintained good microbiological water quality in the lower stations and Foy Creek, as it has since channel dredging at the mouth occurred in 1995 and 1996. However, the State fecal coliform bacteria water contact standard of 200 CFU/100 mL of water was exceeded on two occasions at FC-13 and on five of 12 occasions at FC-17, both stations in the upper south branch. Algal blooms, turbidity, and low dissolved oxygen were not problems in 2005-2006. This creek continues to display good water quality relative to other creeks in the New Hanover County tidal creek system, due to generally low development and impervious surface coverage in its watershed; however, fecal coliform counts have indicated deteriorating water quality in two of the past three years sampled. Greenfield Lake - This urban lake was sampled at three tributary sites and three in-lake sites. The three tributaries of Greenfield Lake (near Lake Branch Drive, Jumping Run Branch, and Lakeshore Commons Apartments) all suffered from severe low dissolved oxygen problems. All three of the tributaries also had frequent high fecal coliform counts, and maintained geometric mean counts well in excess of the state standard for human contact waters. Phytoplankton blooms are periodically problematic in Greenfield Lake, and usually consist of green or blue-green algal species, or both together. These blooms have occurred during all seasons, but are primarily a problem in spring and summer. Eight algal blooms exceeding the state standard of 40 j..lg/L were recorded in our sampling during 2006 (a slight increase over the previous year), but the former heavy surface scum of duckweed was removed due to remedial action by the City (see Section 6.1). Low dissolved oxygen and high fecal coliform counts were found only at the uppermost 84 4 lake station GL-2340. However, high biochemical oxygen demand (BOD5 > 3.0 mg/I) occurred frequently at the in-lake stations. Thus, during 2006 Greenfield Lake was impaired by algal blooms, high fecal coliform counts, high BOD and low dissolved oxygen concentrations, although the latter parameter continues to be better than the 2003-2004 period. One fish kill of < 100 fish occurred in February 2006 from unknown causes. In spring of 2005 several steps were taken by the City of Wilmington to restore viability to the lake. During February, 1,000 sterile grass carp were introduced to the lake to control (by grazing) the overabundant aquatic macrophytes. During that same month four SolarBee water circulation systems were installed in the lake to improve circulation and force dissolved oxygen from the surface downward toward the bottom. Finally, from April through June a contract firm applied the herbicide Sonar to further reduce the amount of aquatic macrophytes. These actions led to a major reduction in aquatic macrophytes lake wide. Some macrophyte growth appeared in spring 2006 so herbicide was applied in March and April and 500 more grass carp were added to the lake. As mentioned, eight algal blooms exceeding the state standard of 40 )lg/L were recorded among the three in-lake sampling stations during 2006 (an increase over the previous year). Despite the blooms, there was good dissolved oxygen at two of the stations in 2006 (especially nearest the SolarBees), but low dissolved oxygen concentrations were measured at GL-2340, near the upper lake. In 2006 there was a highly statistically significant relationship within the lake between chlorophyll a and BOD5, meaning that the algal blooms are an important cause of low dissolved oxygen in this lake. Thus, a challenge for Greenfield Lake is to reduce the frequency and magnitude of the algal blooms, which will lead to continuing dissolved oxygen improvements. Hewletts Creek - Hewletts Creek drains a large watershed into the Intracoastal Waterway. In 2006 the creek was sampled at eight tidal sites and five non-tidal freshwater sites. There were several incidents of hypoxia seen in our regular monthly 2005-2006 sampling; three at NB-GLR (the north branch at Greenville Loop Rd.) and five at SB-PGR (the south branch at Pine Grove Rd.), although none were severe (below 3.0 mg/L). Fecal coliform bacteria were not sampled at the tidal stations in 2006. Three minor algal blooms (chlorophyll a of 18-31 )lg/L) occurred at NB-GLR and one at SB-PGR. A sewage leak occurred in late February in the watershed of the middle branch which led to high (2,000-20,000 CFU/1 00 mL) fecal coliform counts in the upper stations until early March. Since January 2004 five non-tidal sites have been sampled in the Hewletts Creek watershed. One site is PVGC-9, draining Pine Valley Country Club. This stream had no dissolved oxygen, turbidity, or algal bloom problems, and relatively high nitrate levels. Fecal coliform bacteria counts exceeded State standards 71 % of the time in 2006 at PVGC-9, and the counts had a geometric mean of 530 CFU/100 mL. The other sites are being sampled to gain pre and post construction information on the water quality of streams entering (DB-1, DB-2, DB-3) and exiting (DB-4) a constructed wetland/future park area known as the Dobo site, draining into the headwaters of Hewletts Creek. In 2006 all nutrient species except nitrate had the highest concentrations at DB-1 and lowest at DB-2. There was some reduction of nutrients at 85 5 DB-4 compared with DB-1 (particularly ammonium), showing that the property already has some function in water quality improvement. The exception was nitrate, which showed an increase at DB-4 compared with DB-1. Dissolved oxygen was particularly low only at DB-1, and turbidity was low at all four sites. Suspended solids concentrations were periodically elevated at DB-1, but low at the other three sites. Fecal coliform bacteria counts were high at all sites, particularly DB-1 and DB-4 (these sites are essentially drainage ditches). The data suggest that fecal coliform bacteria and nitrogen should be targeted in particular for removal by the treatment facility. Howe Creek - Howe Creek drains into the ICW. Five stations were sampled in Howe Creek in 2005-2006. Turbidity did not exceed North Carolina water quality standards at any of the stations. Dissolved oxygen concentrations were generally good in lower Howe Creek and fair in upper Howe Creek. Nutrient levels were generally low except for nitrate at HW-DT, the uppermost creek station. Nitrate levels showed an increase over levels in 2004-2005. There was one minor algal bloom of 61 ~g/L as chlorophyll a at HW-DT. Since wetland enhancement was performed in 1998 above Graham Pond the creek below the pond at Station HW-GP has had fewer and smaller algal blooms than before the enhancement. Fecal coliform bacterial abundances were low near the Intracoastal Waterway, moderate in mid-creek, and high in the uppermost stations. HW-GP exceeded the North Carolina human contact standard on six of 12 occasions, and HW-DT also exceeded the standard on six of 12 occasions. The 2005-2006 data show a worsening in fecal coliform counts after somewhat better bacterial water quality that were seen in Howe Creek in 2004-2005. Motts Creek - Motts Creek drains into the Cape Fear River Estuary. This creek was sampled at only one station, at River Road. Dissolved oxygen concentrations were below 5.0 mg/L on six of seven occasions in 2006 (minimum 3.7 mg/L) similar to previous years. Like the previous year, neither turbidity nor suspended solids were problematic in 2006. Fecal coliform contamination was a severe problem in Motts Creek, with the geometric mean of 657 CFU/100 mL well exceeding the State standard of 200 CFU/100 mL, and samples exceeding this standard on all seven of seven occasions. Fecal coliform contamination increased over that of previous years. Nutrient levels were similar to the previous year's study, but chlorophyll a concentrations were low to moderate, with no algal blooms detected in 2006. BOD5 samples yielded a mean value of 1.4 mg/L and a median value of 1.4 mg/L, generally higher than the previous year. Thus, this creek showed mixed water quality, with no algal bloom or turbidity problems, but poor dissolved oxygen and fecal coliform conditions. Paqes Creek - Pages Creek drains into the ICW. This creek was sampled at three stations, two of which receive drainage from developed areas near Bayshore Drive (PC- BDUS and PC-BDDS). During the past sample year turbidity was low with no incidents of turbidity exceeding the state standard of 25 NTU. However, there were three incidents of low dissolved oxygen during summers of 2005 and 2006, all at the station draining upper Bayshore Drive. Fecal coliform bacteria were not sampled at this creek during the past year. Nitrate and orthophosphate concentrations were similar to the previous year, and phytoplankton biomass as chlorophyll a was low except for two algal blooms of 18 and 32 ~g/L noted at PC-BDDS and PC-BDUS, respectively. Because of 86 6 the relatively low watershed development and low amount of impervious surface coverage in the watershed, this is one of the least-polluted creeks in New Hanover County. Smith Creek - Smith Creek drains into the lower Northeast Cape Fear River just upstream of where it merges with the Cape Fear River. Two estuarine sites on Smith Creek proper, SC-23 and SC-CH were sampled in 2006. Dissolved oxygen concentrations were below 5.0 mg/L on three of seven occasions at both SC-23 and SC-CH, between April and September 2006; however, these readings were not severely hypoxic. Thus, low dissolved oxygen was a minor water quality problem in Smith Creek. The North Carolina turbidity standard for estuarine waters (25 NTU) was not exceeded during 2006. Nutrient concentrations remained similar to previous years, and one major algal bloom occurred at SC-23 in August 2006 (48 Ilg/L). Fecal coliform bacteria concentrations were above 200 CFU/100 mL on two occasions at each station, somewhat poorer than the previous year. BOD5 was sampled at SC-CH, with a mean value of 1.1 mg/L and a median value of 1.2 mg/L, an improvement over the previous year. Whiskey Creek - Whiskey Creek is the southernmost large tidal creek in New Hanover County that drains into the ICW. Five stations are sampled from shore along this creek. Whiskey Creek had moderate nutrient loading but generally low chlorophyll a concentrations in 2005-2006, with no algal blooms. Dissolved oxygen concentrations were below the State standard on three of 12 occasions at both WC-MLR and WC-AB in 2005-2006, but high turbidity was not a problem. Fecal coliform bacteria were not sampled in 2005-2006 in Whiskey Creek. Water Qualitv Station RatinQs - The UNC Wilmington Aquatic Ecology Laboratory utilizes a quantitative system with four parameters (dissolved oxygen, chlorophyll a, turbidity, and fecal coliform bacteria) to rate water quality at our sampling sites. If a site exceeds the North Carolina water quality standard for a parameter less that 10% of the time sampled, it is rated Good; if it exceeds the standard 10-25% of the time it is rated Fair, and if it exceeds the standard> 25% of the time it is rated Poor for that parameter. We applied these numerical standards to the water bodies described in this report, based on 2005-2006 data, and have designated each station as good, fair, and poor accordingly (Appendix B). Our analysis shows that (based on fecal coliform standards for human contact waters) the Barnards Creek station was rated as fair water quality. Five of the seven stations in Bradley Creek were rated as poor in 2006, and the other was rated fair. All six stations in Burnt Mill Creek were rated as poor in terms of fecal coliform bacteria. Futch Creek was rated as good for fecal coliform bacteria in the lower creek, including for shellfishing; however, one of the upper stations fell to a poor rating and one to a fair rating. The Greenfield Lake tributaries were rated as poor microbiological water quality and the three in-lake stations as good, fair and poor, respectively. The non-tidal freshwater stations in the Hewletts Creek watershed are essentially drainage ditches, and were poor throughout. The uppermost two stations in Howe Creek were rated poor and the lower three were rated good. Lower Motts Creek was rated poor, and the two stations in Smith Creek were both rated poor. We also list our ratings for chlorophyll a, dissolved oxygen and turbidity in Appendix B. 87 7 Fecal coliform bacterial conditions for the entire Wilmington City and New Hanover County Watersheds system (39 sites sampled for fecal coliforms) showed 23% to be in good condition, 10% in fair condition, and 67% in poor condition. Dissolved oxygen conditions system-wide (52 sites) showed 30% of the sites were in good condition, 35% were in fair condition, and 35% were in poor condition. For chlorophyll a, 88% of the stations were rated as good, 4% as fair and 8% as poor. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 8 Estimated Time: Page Number: Department: Health Presenter: David E. Rice, Health Director Contact: Janet B. McCumbee, Personal Health Services Manager SUBJECT: Contract with New Hanover County Board of Education (BOE) for Mental Health (MH) Services in Schools BRIEF SUMMARY: New Hanover County Schools (NHCS) has requested that New Hanover County Health Department (NHCHD) enter into a contract that would transfer current Mental Health services in the schools from Southeastern Center (SEC) to the NHCHD, beginning July 2007. SEC must divest of this clinical service and the school system wants the service to continue in targeted schools. The contract includes funding for twelve (12) mental health therapists, a supervisor, and clerical support. The therapists provide outpatient psychiatric treatment for emotionally disturbed and behaviorally disordered children, including screenings, assessments, and counseling (individual, group, and family therapy). They also consult with school personnel and provide education regarding mental health issues. This program would be similar to the long standing arrangement with NHCS to administer the School Health Program. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve the contract with NHCS for $1 ,021 ,047 for FY 07-08 to administer the mental health program in the schools. Funding Source: New Hanover County Schools (based on revenue from billing for Mental Health services). Positions will be maintained as long as funded by New Hanover County Schools. Removal of funding will result in removal of positions. No matching funds are required. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 14 Explanation: The positions would include 12 mental health therapists outposted at schools, a supervisor, and a clerical position for support and billing. The program will be self sufficient through revenue, and as guaranteed by NHCS. Existing office space in the schools is available for the therapists. Space for the supervisor and clerk will be shared with other health department staff. If the Commissioners approve this item the funding will be in the 2007-08 budget. ATTACHMENTS: Letter from SEC; Contract, Budget Sheet ~ Iill.:-:::.: M H Workers in the schools 4-17-07. doc ~ ~ Iill.:-:::.: Iill.:-:::.: Mental Health Contract 07-08 HEALTH DEPARTMENT.doc Mental Health Program Budget.doc REVIEWED BY: 89 LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 90 Southeastern Center For Mental Health, Developmental Disabilities, & Substance Abuse Services Serving Brunswick, New Hanover, & Pender Counties 2023 South 17th Street, Post Office Box 4147, Wilmington, NC 28406 (910) 251-6440, Fax (910) 251-6557,1-800-293-6440 Arthur F. Costantini, Ph.D. Area Director April 17, 2007 Mental Health Workers In The Schools Mental Health Workers in the Schools has been a cooperative program between the New Hanover County Schools for approximately five (5) years. The Program has been very successful in providing mental health services to students during the school day at the school site. The program has been successful because it eliminates the "no-show" problem, it allows for early intervention and prevention services, and it provides services to children that need these services regardless of the family's insurance coverage and/or ability to pay. State Mental Health Reform prohibits SEC from being the service provider and this causes SEC to divest the services to another public or private agency. SEC is convinced of the positive outcomes achieved by this program and is very interested in seeing this program continue and expand to most if not all of the schools. SEC is offering to work with and to provide assistance and guidance to both the school system and the selected provider in the continuation of this program. If you have any questions about the Mental Health Workers in the schools, please do not hesitate to contact me direct. Sincerely, Arthur F. Costantini Area Director, Southeastern Center 2541 S. 1 ih Street Wilmington, NC 28401 (910) 796-3130 costant@secmh.org AFC/jep 91 9090105 New Hanover County Schools Contract for Professional Services 1. AGREEMENT, between New Hanover County Schools, hereinafter referred to as NHCS, and the New Hanover County Health Department, hereinafter referred to as HD, to provide services specified in paragraph 3. 2. HD shall provide services by qualified individuals in accordance with applicable federal and state laws and implementing regulations, and in accordance with County School Board Policy and Procedures. 3. SERVICES: A. Special Education & Related Services I. HD will provide twelve (12) full time qualified mental health provide mental health services in designated schools. The mental professionals will work on the school system daily schedule and calendar. II. HD will provide clinical orientation, training opportunities, and administrative and clinical supervision to thelJliA!health counselor placed at a school. III. HD will provide the fOllOwi1T(~~fservices on-site and at the discretion of the counselor: clinical assessmenrtin _Ill erapy, group therapy, family therapy, ,*","-'4!;;-ffl:0~ :_) consultation and education, andTterdi,.;~ ;:.;"".~~!':W staffing. IV. HD ~ll ~acilitate referrals t~ of~~jJ:_rvices!,f~J!ing, but not limited to.: psychlatnc assessment, medlcatlOtlIllPanagemenf; 24-hour emergency serVIces and specialized psychological evaluatio~j1 i;ftIb1"";ttJi" 4. COMPENSATION: :lrl!1" ~y The charges against this contract shall be: in paragraph 3A., not to exceed $446,953.00 of school revenue the insurance collections reserve. not exceed $1,021,047. 5. BILLING: a. For per paragraph 3A., in accordance with New Hanover County School HD will submit monthly invoices for $3,103.84 per filled position from school revenue referencing the purchase. HD will assess $3,986.43 filled position per month from the insurance collections reserve. These invoices shall be prorated as necessary based on the start date of new employees. b. Any insurance revenue collected by HD during the term of this agreement, minus an administrative fee, not to exceed 5%, will be held by HD and will be used to expand school based mental health services in the following contract year. Southeastern Center 0708 1 92 9090105 6. TERMS: July 1,2007 through June 30,2008. NHCS is under no obligation beyond the ending date of this agreement and this agreement can be terminated earlier by either the Superintendent or the New Hanover County Board of Education at their discretion. 7. This contract for services is contingent upon the availability of adequate revenue. 8. HD assumes all responsibility for reporting Contractor employee income to the state and federal authorities. 9. To the extent permitted by law, HD assumes all liability for damages due to non-performance, malfeasance, negligence, or injury resulting from its negligence and NHCS assumes all liability for damages, malfeasance, or injury resulting from its negligence. 10. HD agrees to maintain program and fiscal documentf}j,*Ri~x services rendered. Such documentation shall be maintained in accordanceAlth applicable federal and state laws and implementing regulations and New Hanover s,~"ard d'fili,ducation Policy and Procedures. All prog:am and fiscal documentation is subj~ct to'1!"~i,:f,:"H~J~~e.s fiscal responsibility for preparatIOn of program and fiscal documentatIOn, SUPP:~d matenals. 11. At the school sites providing these services NHCS agrees t~'~ide: confidential office space, counseling space appropriate for individual and group therapy;q~ access to the above referenced space 40 hours per week for 12 months per year on a:~ edule agreed upon between the principal and HD, office furniture appropriate to support quafity mental health services and support teChnOIOgy(t~l.~mputer, and network access). NHCS will cooperate with the mental health CO"'t1'ff"7. ,'''' izing the connselor's access to stndents and parents for the delivery of ment~;~iil,l~h servtlll' NHCS will comply with any applicable state and federal laws and ~e~ulafIo.if'~"fi.nin~ltth.e ~ental ?ealth system !ncluding maint~ining the confidentIalIty of mfo,,! .'. ~A"....~,alc!lel}.t' s records m accordance WIth federal and North Carolina law and re" i,.i~~ns lfs<"~CGS 122 C-52 and 42 CFR Part 2. f('11!i!!1I!1 12. This contract cannot be amend1~~~iied or altered except by agreement, in writing, by duly authorized officials for both partie'~II'ilither party may terminate this contract after giving a thirty-day notice in writing, of intefff to do so. SIGNATURES affixed below indicate agreement to the terms and conditions stated herein: Superintendent Date New Hanover County Schools Contractor Authorized Official Date New Hanover County Health Department Attn: Address: Southeastern Center 0708 2 93 9090105 City /State/Zip: Phone: Federal Tax 10#: Finance Officer Signature indicates the budget contains adequate resources to fulfill this agreement. This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Officer New Hanover County Schools Budget Code 2-5840-069-311-000-903 2-5840-895-311-000-903 3-5840-044-311 2-5840-032-311 Southeastern Center 0708 3 94 Mental Health Program Budget FY07 -08 Salary/Frinae $952,247 Contract Services 1,800 Printing 3,500 Supplies 36,500 Mileage 18,000 Professional Liability Insurance 4,500 TravelfTrainina 4,500 Total Budaet $1,021,047 95 This page intentionally left blank. 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 9 Estimated Time: Page Number: Department: Governing Body Presenter: Bruce Shell Contact: Cam Griffin Item Does Not Require Review SUBJECT: Discussion of House Bill 1134, "Cleanup of Abandoned Manufactured Homes," and Consideration of Support BRIEF SUMMARY: The bill attempts to protect public health and the environment by encouraging counties to develop plans that provide for the deconstruction of ABANDONED MANUFACTURED homes and the removal of reusable or recyclable components, by providing for the abatement of abandoned manufactured homes that are determined to be a nuisance, and by imposing an environmental remediation tax on the sale of new and used manufactured homes to ensure that funds will be available for the deconstruction of abandoned manufactured homes. Representative Justice is one of the sponsors of this bill. RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss the bill and determine if the Commissioners desire to support the bill. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ... .:.. ".me' HB 11 ~.pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Discuss the bill and consider support. COMMISSIONERS' ACTIONS/COMMENTS: Approved the resolution of support 4-0. 97 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT FOR HOUSE BILL 1134 "CLEANUP OF ABANDONED MANUFACTURED HOMES" WHEREAS, abandoned mobile homes are becoming a problem for communities in North Carolina since abandoned structures attract unacceptable activities and can be a fire hazard; and WHEREAS, the North Carolina Association of County Commissioners (NCACC) estimates that there are 40,000 abandoned mobile homes and as the housing stock ages the number is expected to double by 2020; and WHEREAS, local officials are concerned about health, environmental and safety issues these structures present and there is no uniform law under which counties can seize them; and WHEREAS, disposal costs can range from $800 to $1,500. Local governments do not have the funds to dispose of the homes. The homes are a problem in the waste stream and portions of the homes can be recycled; and WHEREAS, abandoned homes can be a deterrent for economic development; and WHEREAS, mobile homes' values depreciate; it is often easier and cheaper to abandon rather than haul away. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports House Bill 1134, "Cleanup of Abandoned Manufactured Homes." ADOPTED the ih day of May 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 98 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 H 1 HOUSE BILL 1134 Short Title: Cleanup of Abandoned Manufactured Homes. (Public) Sponsors: Representatives Haire, Allen, Tolson, Justice (Primary Sponsors); Coates, Faison, and Luebke. Referred to: Environment and Natural Resources, if favorable, Finance. March 28, 2007 1 A BILL TO BE ENTITLED 2 AN ACT TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT BY 3 ENCOURAGING COUNTIES TO DEVELOP PLANS THAT PROVIDE FOR 4 THE DECONSTRUCTION OF ABANDONED MANUFACTURED HOMES 5 AND THE REMOVAL OF REUSABLE OR RECYCLABLE COMPONENTS, BY 6 PROVIDING FOR THE ABATEMENT OF ABANDONED MANUFACTURED 7 HOMES THAT ARE DETERMINED TO BE A NUISANCE, AND BY 8 IMPOSING AN ENVIRONMENTAL REMEDIATION TAX ON THE SALE OF 9 NEW AND USED MANUFACTURED HOMES TO ENSURE THAT FUNDS 10 WILL BE AVAILABLE FOR THE DECONSTRUCTION OF ABANDONED ---- 11 MANUFACTURED HOMES. 12 The General Assembly of North Carolina enacts: 13 SECTION 1. Article 9 of Chapter BOA of the General Statutes is amended 14 by adding a new Part to read: 15 "Part 2E. Management of Abandoned Manufactured Homes. 16 "~ 130A-309.90. Findines; purpose. 17 {ill The General Assembly finds that: 18 ill The number of manufactured homes in North Carolina has risen 19 dramatically as land has become scarce and the housing market has 20 become more expensive. 21 ill Manufactured homes may be difficult and expensive to repair when 22 they begin to deteriorate. Often consumers simply buy another 23 manufactured home unit rather than refurbish a manufactured home 24 that needs repair. 25 ill According to data obtained through the 2000 United States Census. 26 there are more than 80.000 vacant manufactured homes in North 27 Carolina. of which 40.000 are estimated to be permanently untended or 28 in need of extensive repair. 99 General Assembly of North Carolina Session 2007 1 ill Abandoned manufactured homes create public health and 2 environmental problems and are a visual blight on the landscape of 3 North Carolina. Further, an abandoned manufactured home poses a fire 4 hazard, a safety hazard to unsupervised children, and is a potential 5 source of toxic or hazardous materials that may escape into the 6 environment. As a result, abandoned manufactured homes constitute a 7 nUIsance. 8 ill Most landfills will not accept intact manufactured homes due to their 9 bulky nature. In those instances where landfills do accept intact 10 manufactured homes for disposal. the cost of disposal can be 11 prohibitive for many manufactured homeowners. Landfill disposal 12 costs include tipping fees, the costs of transporting the obsolete 13 structures to the landfill, and the costs of removing any hazardous 14 materials, such as asbestos and other harmful chemicals. 15 @ Many components of manufactured homes can be reused or recycled. 16 including windows, screens, doors, copper tubing. copper wiring. 17 aluminum, tin, steel. lumber, steel frames, pipes, countertops, cabinets. 18 and other appliances and fixtures. It is estimated that twenty-six 19 percent (26%) to thirty-eight percent (38%) of the components of a 20 manufactured home can be reused or recycled without extensive 21 manual labor. 22 m It is desirable to allow units of local government to manage the 23 disposal of abandoned manufactured homes for themselves and to 24 encourage regional approaches to the deconstruction of abandoned 25 manufactured homes, the removal of components from abandoned 26 manufactured homes that are reusable or recyclable, and the proper 27 disposal of the remainder. 28 ill It is in the State's best interest to encourage the reduction of the 29 volume of intact manufactured homes being disposed of at public 30 sanitary landfills. to encourage the deconstruction of abandoned 31 manufactured homes, the removal of components from abandoned 32 manufactured homes that are reusable or recyclable, and to encourage 33 the proper disposal of the remainder. 34 Dll The purpose of this Part is to provide units of local government with the 35 authority, funding, and guidance needed to provide for the efficient and proper 36 identification, deconstruction, recycling. and disposal of abandoned manufactured 37 homes in this State. 38 "~ 130A-309.91. Definitions. 39 The following definitions apply to this Part: 40 ill 'Abandoned manufactured home' means a manufactured home that is 41 both: 42 a. Vacant or in need of extensive repair. 43 b. An unreasonable danger to public health, safety. welfare. or the 44 environment. Page 2 House Billl134-First Edition 100 General Assembly of North Carolina Session 2007 1 ill 'Account' means the Manufactured Homes Management Account 2 established pursuant to G.S. 130A-309.94. 3 ill 'Intact' when used in connection with 'abandoned manufactured home' 4 means an abandoned manufactured home from which the wheels and 5 axels, white goods, and recyclable materials have not been removed. 6 ill 'Manufactured home' is defined in a.s. 105-187.60. 7 ill 'Responsible party' means any person or entity that possesses an 8 ownership interest in an abandoned manufactured home. 9 "~ 130A-309,92, Manaf!ement of abandoned manufactured homes. 10 W Plan. - Each county shall consider whether to implement a program for the 11 management of abandoned manufactured homes. If, after consideration, the county 12 decides not to implement a program, the county must state in the comprehensive solid 13 waste management plan that it is required to develop under G.S. 130A-309.09A(b) that 14 the county considered whether to implement a program for the management of 15 abandoned manufactured homes and decided not to do so. A county may, at any time, 16 reconsider its decision not to implement a program for the management of abandoned 17 manufactured homes. If the county decides to implement a program, the county shall 18 develop a written plan for the management of abandoned manufactured homes and 19 include the plan as a component of the comprehensive solid waste management plan it 20 is required to develop under G.S. 130A-309.09A(b). At a minimum, the plan shall 21 include: 22 ill A method by which the county proposes to identify abandoned 23 manufactured homes in the county, including, without limitation, a 24 process by which a manufactured home owner or other responsible 25 party may request designation of their home as an abandoned 26 manufactured home. 27 ill A plan for the deconstruction of these abandoned manufactured 28 homes. 29 ill A plan for the removal of the components thereof for reuse or 30 recycling, as appropriate. 31 ill A plan for the proper disposal of abandoned manufactured homes that 32 are not deconstructed under subdivision (2) of this subsection. 33 (Q} Authority to Contract. - A county may contract with another unit of local 34 government or a private entity in accordance with Article 15 of Chapter l53A of the 35 General Statutes to provide for the management of abandoned manufactured homes 36 within the county and the implementation of its plan under subsection (a) of this section. 37 (f) Restrictions. - A county or a party that contracted with the county under 38 subsection (b) of this section shall not charge a disposal fee for the disposal of any 39 abandoned manufactured home sold on or after 1 Januarv 2008. 40 @ An intact abandoned manufactured home shall not be disposed of in a 41 landfill. 42 "~ 130A-309.93. Process for the disposal of abandoned manufactured homes. 43 W If a county adopts and implements a plan for the management of abandoned 44 manufactured homes pursuant to this Part, the county shall notify the responsible party House Bill 1134-First Edition Page 3 101 General Assembly of North Carolina Session 2007 1 for each identified abandoned manufactured home in the county that the abandoned 2 manufactured home must be properly disposed of by that person within 90 days. The 3 notice shall be in writing and shall be served on the person as provided by Rule 4(i) of 4 the Rules of Civil Procedure, G.S. lA-I. The notice shall disclose the basis for the 5 action, and advise that a hearing will be held before a designated public officer at a 6 place within the county in which the manufactured home is located not less than 10 days 7 nor more than 30 days after the serving of the notice: that the responsible party shall be 8 given the right to file an answer to the order and to appear in person, or otherwise, and 9 give testimony at the place and time fixed in the notice: and that the rules of evidence 10 prevailing in courts of law or equity shall not be controlling in hearings before the 11 public officer. 12 @ If, after notice and hearing, the public officer determines that the 13 manufactured home under consideration is abandoned, the officer shall state in writing 14 his findings of fact in support of that determination and the county shall order the 15 person to dispose of the abandoned manufactured home within 90 days of the expiration 16 of this period. If the responsible party fails to comply with this order, the county shall 17 take any action it deems reasonably necessary to dispose of the abandoned 18 manufactured home, including entering the property where the abandoned manufactured 19 home is located and arranging to have the abandoned manufactured home deconstructed 20 and disposed of In a manner consistent with the plan developed under 21 G.S. 130A-309.92(a). If the responsible party is not the owner of the property on which 22 the abandoned manufactured home is located, the county may order the property owner 23 to permit entry onto the owner's property by an appropriate party to permit the removal 24 and proper disposal of the abandoned manufactured home. 25 ill When a county removes, deconstructs, and disposes of an abandoned 26 manufactured home pursuant to subsection (a) of this section, whether directly or 27 through a party that contracted with the county, the responsible party or the owner of the 28 property on whose land an abandoned manufactured home is located shall be ioint and 29 severally liable for the actual costs incurred by the county, directly or indirectly, for its 30 abatement activities and its administrative and legal expenses incurred, less the amount 31 of grants for reimbursement received by the county under G.S. 130A-309.94(c) for the 32 disposal activities for that manufactured home. The county may initiate a civil action to 33 recover these unpaid costs from the responsible party or the owner of the property on 34 whose land an abandoned manufactured home is located. Nonpayment of any portion of 35 the actual costs incurred by the county shall result in the imposition of a lien on any real 36 property in the county owned by the responsible party, or the owner of the property on 37 whose land the abandoned manufactured home is located. 38 @ This section does not apply to any of the following: 39 ill A retail business premises where manufactured homes are sold. 40 ill A solid waste disposal facility where no more than 10 manufactured 41 homes are stored at one time if all of the manufactured homes received 42 for storage are deconstructed or removed from the facility within one 43 year after receipt. Page 4 House Bill 1134-First Edition 102 General Assembly of North Carolina Session 2007 1 W This section does not change the existing authority of a county or a 2 municipality to enforce any existing laws or of any person to abate a nuisance. 3 "& 130A-309.94. Manufactured Homes Mana2ement Account. 4 ill The Manufactured Homes Management Account is established within the 5 Department. The Account is nonreverting and consists of revenue credited to the 6 Account from the proceeds of the manufactured home environmental remediation tax 7 imposed by G.S. 105-187.61. Funds in the Account may be used to: 8 ill Provide grants to counties to reimburse their expenses for activities 9 under this Part. 10 ill Provide technical assistance and support to counties to achieve the 11 purposes of this Part. 12 ill Implement this Part, including costs associated with staffing, training, 13 submitting reports, and fulfilling program goals. 14 Dll Each county that requests a reimbursement grant from the Account shall also 15 submit to the Department a proposed budget specifying in detail the expenses it expects 16 to incur in a specified time period in connection with the activities under this Part. The 17 Department shall review each submitted budget and make modifications, if necessary, 18 in lig;ht of the availability of funds in the Account, the county's capacity to effectively 19 and efficiently manage the abatement of abandoned manufactured homes, and any other 20 factors that the Department reasonably determines are relevant. When the Department 21 and a county agree on the amount of the county's budget under this subsection, the 22 Department and the county shall execute an agreement that reflects this amount and that 23 specifies the time period covered by the agreement, and the Department shall reserve 24 funds for the county in the amount necessary to reimburse allowable costs. The amount 25 of a reimbursement grant shall be calculated in accordance with subsections ( c) and (d) 26 of this section. A county shall not receive a reimbursement grant unless it has filed all 27 the annual reports it is required to submit under G.S. 130A-309.96. 28 ill Reimbursement grants from the Account shall be made in accordance with 29 the terms of the grant agreement developed pursuant to subsection (b) of this section, 30 but in any event, all reimbursements shall be calculated on a per unit basis and based on 31 the actual cost of such activities, not to exceed one thousand dollars ($1.000) for each 32 unit. For a county designated as a development tier one or two area pursuant to 33 G.S. 143B-437.08 where the costs associated with the disposition of an abandoned 34 manufactured home in a manner consistent with this part exceed one thousand dollars 35 ($1 ,000) per unit, a county may request a supplemental grant in an amount equal to fifty 36 percent (50%) of the amount in excess of one thousand dollars ($1.000). The 37 Department shall consider the efficiency and effectiveness of the county program in 38 making the supplemental grant, and the county participation must be a cash match. 39 @ A county shall use reimbursement grant funds only for operating expenses 40 that are directly related to the management of abandoned manufactured homes. If an 41 operating expense is partially related to the management of abandoned manufactured 42 homes, a county may use the reimbursement grant funds to finance the percentage of the 43 cost that equals the percentage of the expense that is directly related to the management 44 of abandoned manufactured homes. House Bill 1 134-First Edition Page 5 103 General Assembly of North Carolina Session 2007 I "~ 130A-309.95. Authoritv to adopt ordinances. 2 A county. or a unit of local government that is delegated authority to do so by the 3 county. may adopt ordinances it deems necessary in order to implement this Part. 4 "~ 130A-309.96. Reportine on the manaeement of abandoned manufactured 5 homes. 6 ill On or before 1 August of each year. any county that receives a reimbursement 7 grant under G.S. 130A-309.94 shall submit a report to the Department that includes all 8 of the following information: 9 ill The number of units and approximate tonnage of abandoned 10 manufactured homes removed, deconstructed, recycled. and disposed 11 of during the previous fiscal year. 12 m A detailed statement of the county's abandoned manufactured homes 13 account receipts and disbursements during the previous fiscal year that 14 sets out the source of all receipts and the purpose of all disbursements. 15 ill The obligated and unobligated balances in the county's abandoned 16 manufactured homes account at the end of the fiscal year. 17 ill An assessment of the county's progress in removing, deconstructing. 18 recycling, and disposing of abandoned manufactured homes consistent 19 with this Part. 20 @ The Department shall include in its annual report to the Environmental 21 Review Commission under G.S. 130A-309.06(c) a description of the management of 22 abandoned manufactured homes in the State for the fiscal year ending the preceding 30 23 June. The description of the management of abandoned manufactured homes shall 24 include all of the following information: 25 ill The amount of taxes collected and distributed under G.S. 105-187.64 26 during the reporting period. 27 m The cost to each county of managing its abandoned manufactured 28 home program during the reporting period. 29 ill The beginning and ending balances of the Account for the reporting 30 period and a list of grants made from the Account for the period. 31 itemized by county. 32 ill A summary of the information contained in the reports submitted by 33 counties pursuant to subsection (a) of this section. 34 ill Any other information the Department considers helpful In 35 understanding the problem of managing abandoned manufactured 36 homes in the State. 37 "~ 130A-309.97. Effect on local ordinances. 38 This Part shall not be construed to limit the authority of counties under Article 18 of 39 Chapter 153A of the General Statutes or the authority of cities under Article 19 of 40 Chapter 160A of the General Statutes." 41 SECTION 2. G.S. 130A-309.06(c) is amended by adding a new subdivision 42 to read: 43 "Q.i) A description of the activities related to the management of abandoned 44 manufactured homes in the State In accordance with Page 6 House Bill 1 134-First Edition 104 General Assembly of North Carolina Session 2007 1 G.S. l30A-309.96, the beginning and ending balances In the 2 Manufactured Homes Management Account for the reporting period, 3 the amount credited to the Manufactured Homes Management Account 4 during the reporting period, and the amount of revenue used, itemized 5 by county, for grants made under Part 2E of Article 9 of Chapter 130A 6 of the General Statutes." 7 SECTION 3. G.S.130A-309.09A(b) is amended by adding a new 8 subdivision to read: 9 "m Include as a component a written plan for the management of 1 0 abandoned manufactured homes as required under 11 G.S. 130A-309.92(a)." 12 SECTION 4. Chapter 105 of the General Statutes is amended by adding a 13 new Article to read: 14 "Article 5G. 15 "Manufactured Home Environmental Remediation Tax. 16 "~ 105-187.60. Definitions. 17 The definitions in G.S. 105-164.3 apply to this Article, except that the term 'sale' 18 does not include lease or rental. 'Manufactured home' is defined in G.S. 105-164.3(20). 19 Manufactured home also means any structure that otherwise satisfies the definition in 20 G.S. 105-164.3(20) but that. although designed for use as a dwelling. is in fact used for 21 commercial or other nonresidential purposes, and that mayor may not be placed on a 22 permanent foundation at the time of sale. 23 "~ 105-187.61. Tax imposed. 24 W A privilege tax is imposed on a manufactured home retailer at a flat rate for 25 each new manufactured home sold by the retailer and for each used manufactured home 26 sold by the retailer. An excise tax is imposed on each new manufactured home and on 27 each used manufactured home purchased outside the State for storage. use. or 28 consumption in this State. These taxes are in addition to all other taxes. The rate of the 29 privilege tax and the excise tax is as follows: 30 ill For each new or used singlewide manufactured home, three hundred 31 dollars ($300.00). 32 ill For each new or used multi-section manufactured home. three hundred 33 dollars ($300.00) for each section of the manufactured home. 34 (Q) The tax imposed by this Article shall only be paid once on each manufactured 35 home throughout the useful life of the manufactured home. 36 "~ 105-187.62. Administration. 37 W The privilege tax this Article imposes on a manufactured home retailer who 38 sells new or used manufactured homes at retail is an additional State sales tax, and the 39 excise tax this Article imposes on the storage, use, or consumption of a new or used 40 manufactured home in this State is an additional State use tax. Except as otherwise 41 provided in this Article, these taxes shall be collected and administered in the same 42 manner as the State sales and use taxes imposed by Article 5 of this Chapter. As under 43 Article 5 of this Chapter. the additional State sales tax paid when a new or used House Bill 1 134-First Edition Page 7 105 General Assembly of North Carolina Session 2007 1 manufactured home is sold is a credit against the additional State use tax imposed on the 2 storage, use, or consumption ofthe same manufactured home. 3 (Q) The Secretary shall maintain a record of all manufactured homes on which 4 the Manufactured Home Environmental Remediation Tax has been paid, listed by serial 5 number. 6 "& 105-187.63. Exemptions. 7 The exemptions in G.S. 105-164.13 and the refunds allowed in G.S. 105-164.14 do 8 not apply to the taxes imposed by this Article. 9 "& 105-187.64. Use of tax proceeds. 10 ill} The Secretary shall distribute the taxes collected under this Article, less the 11 Department of Revenue's allowance for cost of collecting the taxes, in accordance with 12 this section. The Secretary may retain the Department of Revenue's cost of collection, 13 not to exceed one hundred thousand dollars ($100,000), as reimbursement to the 14 Department of Revenue. 15 (Q) Each quarter, the Secretary shall credit the net tax proceeds to the 16 Manufactured Homes Mana?:ement Account. Funds in the Manufactured Homes 17 Management Account may be used only as provided in G.S. 130A-309.94. 18 "& 105-187.65. Proof of payment required to issue permit to occupy manufactured 19 home. 20 ill} Retailers of manufactured homes shall provide proof of payment of all taxes 21 due to be paid on a transaction under G.S. 105-187.61 at the time of sale. The proof of 22 payment shall include the name and address of the retailer; the name and address of the 23 owner; the make, model, size, and serial number of the manufactured home; the amount 24 of sale: and the amount of tax due to be paid on the transaction. 25 (Q) In lieu of proof of payment from the retailer pursuant to subsection (a) of this 26 section, a person may obtain a record of payment from information maintained by the 27 Secretary, or a person may pay the amount due to be paid on a transaction under 28 G.S. 105-187.61 to the office of the tax collector for the county in which the 29 manufactured home is to be located. The tax collector shall provide proof of payment to 30 the person making payment. The tax collector shall promptly remit such payments to the 31 Department of Revenue with relevant information concerning the transaction, including: 32 the name and address of the retailer; the name and address of the owner: the make, 33 model, size, and serial number of the manufactured home; the amount of sale; and the 34 amount of tax paid. 35 if} The tax collector may retain the county's cost of collection, not to exceed one 36 percent ( 1 % ), of the Manufactured Home Environmental Remediation Tax collected by 37 the county. as reimbursement to the county. 38 @ The local government having iurisdiction shall not issue any permit to allow 39 occupancy of a manufactured home subiect to the tax imposed bv this section without 40 proof of payment pursuant to subsections (a) and (b) of this section from the owner of 41 the manufactured home." 42 SECTION 5. The Department of Environment and Natural Resources may 43 use up to fifty thousand dollars ($50,000) in the Manufactured Homes Management Page 8 House Bill 1134-First Edition 106 General Assembly of North Carolina Session 2007 1 Account, as established in Section 1 of this act, during each calendar year for the 2 following purposes: 3 (1) Training and program development across the State. 4 (2) Identification of qualified contractors. 5 (3) Dissemination of best deconstruction practices. 6 SECTION 6. A county designated as a development tier one or two area 7 pursuant to G.S. l43B-437.08 may, upon resolution by the Board of Commissioners of 8 their intent to (i) develop a plan for the management of abandoned manufactured homes 9 and (ii) implement the plan once developed, request a planning grant of up to two 10 thousand five hundred dollars ($2,500) from the Manufactured Homes Management 11 Account, established by G.S. 130A-309.94, as enacted by Section 1 of this act. These 12 funds shall be used by the county to prepare a plan as provided in G.S. 130A-309.92, as 13 enacted by Section 1 of this act, and to identify abandoned manufactured homes. 14 SECTION 7. This act becomes effective 1 October 2008 and expires 1 15 October 2020. Section 4 of this act applies to sales of new or used manufactured homes 16 made on or after the effective date. House Bill 1134-First Edition Page 9 107 This page intentionally left blank. 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Regular Item #: 10 Estimated Time: Page Number: Department: TAX Presenter: Bob Glasgow Contact: Bob Glasgow Item Does Not Require Review SUBJECT: Convene as 2007 Board of Equalization and Review BRIEF SUMMARY: Convene as the Board of Equalization and Review and follow the attached procedures. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ 2U0SB E RC H.A.I R f;liPo.N . wpd ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Convene as the Board of Equalization and Review. COMMISSIONERS' ACTIONS/COMMENTS: Convened as the Board of Equalization and Review. The Commissioners' office will schedule the date for the hearings. 109 BOARD OF EQUALIZATION AND REVIEW May 7, 2007 Convene as Board of Equalization and Review -- as ADVERTISED Designate Chairman -- Since the Board of County Commissioners acts in lieu of a separate Board of Equalization and Review (BER), it is suggested that Chairman Caster serve as Chairman. Oaths - No oath is required this year. Tax Administrator will recognize the list of known appellants to be entered into the record as required by statute. This list will be provided to the Clerk. Chairman will recognize anyone in attendance that wishes to appeal. The Clerk will record appellants who are present. -Name of Appellant -Property location/address -Grounds on which appeal is being made (Suggest a one-minute limit) -Authorization from the owner for an agent to appeal on his behalf (Administrator has standard form) (IF A SHOWING OF HANDS INDICATES TOO MANY APPELLANTS APPEAR AT THIS TIME, SUGGEST THE BOARD ANNOUNCE THAT "APPELLANTS LINE UP AT THE DESK OUTSIDE THE MEETING ROOM, AND THE TAX ADMINISTRATOR WILL RECORD YOUR DESIRE TO APPEAL. YOU WILL BE NOTIFIED OF THE DATE AND TIME FOR YOU TO APPEAR.") Chairman to decide when the Board will schedule the individual hearings -- Suggest the hearings are heard on a date other than when the BCC is scheduled to meet. It takes the appraisal staff approximately one month to accumulate data necessary to support the tax value, and to allow sufficient notice to the taxpayer to attend or be represented. GS 105-322 allows for this longer period of time, if necessary for a "proper execution of [its] responsibilities." The appraisal staff will accumulate taxpayer and tax office data, and will provide such to the Board on Wednesday prior to the selected BER hearing date. Suggest June 11, June 25 and possibly a date to be determined in July, at a time convenient to the BER. Chairman to Adiourn Board of Eaualization - This concludes the determination of appellants to the 2007 BER. The Board will meet further only to conclude business which has been brought up at this meeting (hearing of appeals). 110 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 8:15 p.m. 1. Non-Agenda Items (limit three minutes) 8:20 a.m. 2. Approval of Minutes 113 8:25 a.m. 3. Presentation on New Hanover County Waste Water Master Plan (WWMP) Update 115 8:35 p.m. 4. Consideration of Design and Permitting Work Required for Utility Services to 117 Murrayville Fire Station 111 This page intentionally left blank. 112 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 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 District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water and Sewer District meeting held on April 16, 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 4-0. 113 This page intentionally left blank. 114 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: New Hanover County Waste Water Master Plan (WWMP) Update BRIEF SUMMARY: McKim and Creed Engineers are in the process of preparing the Waste Water Master Plan Update. This is an update on progress for the Master Plan and an opportunity for the Board to ask questions about the forthcoming plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests that the Board receive the update on the Wastewater Master Plan. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear update. COMMISSIONERS' ACTIONS/COMMENTS: Heard update. 115 This page intentionally left blank. 116 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Design and Permitting Work Required for Utility Services to Murrayville Fire Station and along Gordon Road BRIEF SUMMARY: The Engineering Department is providing professional services for the design and permitting of the water and sewer system modifications necessary to provide service to the County's new Murrayville Fire Station. This work includes surveys, routing and system analysis, design and drafting, permitting and preliminary field activities for the acquisition of potential easements. Staff will present a complete package for approval prior to seeking bids for any construction activities. The design will consider future additional needs for services along Gordon Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the Commissioners authorize the expenditure of $20,000 for the design and permitting activities and advertise and receive bids for this work. Expenditures will be divided between the Fire Services District and the Water and Sewer District based on proportions of costs for the Fire Station and for Gordon Road requirements. Staff will bring the bids back to the Board at a later date for approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 80085100700000 ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 117 This page intentionally left blank. 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/07 Additional Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: George Edwards and Susie Hamilton Contact: Bruce Shell Item Does Not Require Review SUBJECT: Consideration of "National Historic Preservation Month" Proclamation BRIEF SUMMARY: The Historic Wilmington Foundation requests that the County Commissioners adopt the attached proclamation to recognize May 2007 at "National Historic Preservation Month." George Edwards, Executive Director of the Historic Wilmington Foundation, will attend the meeting to receive the proclamation, along with Susie Hamilton, former President of their Board of Trustees and current Executive Committee Member. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Preservation Month Proclamation .doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 119 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL HISTORIC PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Making Preservation Work!" is the theme for National Preservation Month 2007, cosponsored by Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2007 be recognized as "NATIONAL HISTORIC PRESERVATION MONTH" in New Hanover County and that our citizens are encouraged to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED the ih day of May 2007. William A. Caster, Chairman ATTEST: Teresa Elmore, Deputy Clerk to the Board 120