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Agenda 2011 03-14AGENDA mad MARCH 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ranm" MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Reverend Gary E. Blazer, Believers Destiny Church) PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Claim Settlement 3. Review of Preliminary Draft of the Community Services Block Grant Application to be Submitted on Behalf of New Hanover County Community Action, Inc. 4. Approval of Request for Quotation (RFQ) to the US Consumer Product Safety r mad MARCH 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ranm" MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Reverend Gary E. Blazer, Believers Destiny Church) PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Claim Settlement 3. Review of Preliminary Draft of the Community Services Block Grant Application to be Submitted on Behalf of New Hanover County Community Action, Inc. 4. Approval of Request for Quotation (RFQ) to the US Consumer Product Safety Commission to Fund Public Pool Inspections in FY 11 -12 5. Approval of Personnel Policy Revisions 6. Adoption of a Resolution Supporting Corridor Preservation for the Future Hampstead Bypass (R -3300) 7. Approval of 2010 Grant Award from the Bureau of Justice Assistance (BJA) for Purchase of Bulletproof Vests 8. Approval of 2008 Port Security Grant Program (PSGP) Award to Sheriffs Office for the Purchase of Dive Team Training in the Amount of $12,866 9. Approval of Inmate and Staff Food Services Contract Award 10. Approval of 2008 Port Security Grant Program (PSGP) Award to Sheriffs Office for the Purchase of a Submersible Robot in the Amount of $ 109,770 11. Adoption of Ordinances for Budget Amendments ESTIMATED TIMES REGULAR AGENDA ITEM F BUSINESS GU S O USI N SS 3:10 p.m. 12. Consideration of a Resolution Supporting the Current North Carolina Public Alcoholic Beverage Control System 3:20 p.m. 13. Consideration of Proclamation for the North Carolina Black Film Festival being held March 24 -27, 2011 in New Hanover County 3:25 p.m. 14. Consideration of Donation by the Ministerial Roundtable to the Faith Community Fund at the Department of Social Services 3:30 p.m. 15. Presentation on Establishing an Arts Council for New Hanover County 4:00 p.m. 16. Cape Fear Museum Advisory Board Annual Update 4:10 p.m. 17. New Hanover County Youth Empowerment Services Advisory Board Annual Update 4:20 p.m. 18. Cape Fear Public Utility Authority Update Board of Commissioners Meeting 03/14/2011 4:30 p.m. 19. Consideration of Recommendation for Air Quality Consultant to Conduct Sulfur Dioxide Monitoring in New Hanover County 4:45 p.m. 20. Public Hearing Conditional Rezoning Request (Z -908, 11 /10) - Request by Thomas H. Johnson, Jr. with Nexsen Pruet, PLLC and Ryan Foster with Flournoy Development, on Behalf of Bayshore Estates, Inc., to Rezone 26.10 Acres at 7910 Market Street from B -2 Commercial District and R -15 Residential District to CD (R -15) Conditional District for the Purpose of Developing a High Density 260 -Unit Apartment Complex 5:25 p.m. 21. Public Hearing Special Use Permit (5 -602 12/10) — Request by New Hanover County Fire Services for a Special Use Permit to Locate a Fire Station in an R -15 Zoning District on Approximately 0.8 Acres at 6101 Carolina Beach Road 6:05 p.m. 22. Consideration of Proposed Legislation 6:10 p.m. 23. Committee Appointments NON - AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 6:25 p.m. 24. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 6:35 p.m. 25. 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. Board of Commissioners Meeting 03/14/2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Special Meeting held on February 15, 2011 Agenda Review meeting held on February 17, 2011 Work Session held on February 21, 2011 Regular Session meeting held on February 21, 2011 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 2 DEPARTMENT: County Attorney PRESENTER(S): Tiffany Allen, Risk Manager CONTACT(S): Tiffany Allen, Risk Manager SUBJECT: Claim Settlement BRIEF SUMMARY: The North Carolina Association of County Commissioners Liability & Property Pool settled a bodily injury claim on February 22, 2011 in the amount of $3,500 for a minor child that was injured at Hugh McRae Park. RECOMMENDED MOTION AND REQUESTED ACTIONS: No action required. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) No action is required. The information must be published for public record and included in the Board's official minutes. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 2 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 3 DEPARTMENT: County Manager PRESENTER(S): Brenda Thomas, Family Services Manager, New Hanover County Community Action, Inc. CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Review of Preliminary Draft of the Community Services Block Grant Application to be Submitted on Behalf of New Hanover County Community Action, Inc. BRIEF SUMMARY: Brenda Thomas has submitted the preliminary draft of the Community Services Block Grant application to be submitted on behalf of New Hanover County Community Action, Inc. During the initial stages of the grant, the application must be reviewed by the local County Commissioners for each county served. Ms. Thomas' request and the draft grant application are attached for the Board's review and comment. A representative will be available to answer any questions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review the draft grant application and provide comment if desired. ATTACHMENTS: NHCCA Letter and Draft Grant Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Review the document and provide comment. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 3 -0 New Hanover Count Communit Action, Inc. Post Office Box 839 • 507 N. Sixth Street Wilmin North Carolina 28402 ( 910) 762-1177 Fax(9l0)762 -6214 www.nhcca.or Februar 28, 2011 Dear Count Commissioners: Enclosed y ou will find a preliminar draft of the Communit Services Block Grant application that will be submitted on behalf of New Hanover Count Communit Action,, Inc. Durin the initial sta of the g rant, the application must be reviewed b the local count commissioners for each count served as re b 10A NCAC 970.0111 (A). The Board of Director's will meet on March 21, 2011 to review and approve the application before submission. Due to the time restraint, it is bein presented to y ou in a draft form. A representative(s) from our a will be available to answer q uestions that y ou ma have on March 14, 2011 or before. We ma be reached at (910) 762-1177. Sincerel Brenda Thomas Famil Services Mana COPY TO: Rev. Charles Davis Jr., Board Chairman C J. Brown, Executive Director .'From Our Hearts to Yours" * Comprehensive Famil Services • CS BG e Head Start e More at Four e BAC Pro • Survival Skills Trainin Helpin Children and Families Grow To A MembeiWAbd 60(76jGatj%9jmCw?Mwm Association 03/14/2011 3-1-1 NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE of ECONOMIC OPPORTUNI Community Services Block Grant Program Application for Funding FY 2011 -12 [July 1, 2011— June 30, 2012] Agency: New Hanover County Community Action, Inc. North Carolina Department of Health and Human Services Office of Economic Opportunity Verna P. Best, Director 2013 Mail Service Center Raleigh, North Carolina 27699 -2013 verna.best dhhs.nc. ov hftp://www.ncdhhs.gov/oeo Board of Commissioners Meeting 03/14/2011 3 -1 -2 New Hanover Count Communit Action, Inc. FY 2071.12 COMMUNITY SERVICES BLOCK GRANT PROGRAM APPLICATION FOR FUNDING One -Year Submission X (Please check one) Amendment Project Period July 1, to June 30, Plan Year 'I of 3 2011 2012 1 Section 11 CERTIFICATION This application for Community Services Block Grant Program funding ontains the following n9 documents which have been reviewed and approved by the rantee Board of Directors or 9 duly appointed Board committee: Certification of Eligibility Documents • Certification of Board Powers and Composition • Agency Strategy for Eliminating Poverty [OEO Form 210 One -Year Work Program and Budget [OEO Forms 212 and 2251 Date of Board Approval Signature of Board Chairperson Date Signature of Finance Committee Chairperson Date Signature of Program Committee Chairperson Date FY 201 1 -12 Community Services Block Grant Application Board of 0?iiMi4b4rs Meeting 03/14/2011 3 -1 -3 New Hanover County Community Action, Inc. CERTIFICATIONS AND ASSURANCES Section I: CERTIFICATION OF ELIGIBILITY DOCUMENTS The following documents, which are available for public review, are current and meet federal and state guidelines and the requirements set forth in the NORTH CAROLINA ADMINISTRATIVE CODE, Title 10A, Chapter 97C.0302 and .0303: YES NO 1. Articles of Incorporation X 2. Bylaws which contain (1) a democratic selection process for low- income sector members; (2) a procedure for receiving petitions for adequate board representation; and (3) the specific number of members required to constitute the full board of directors. X 3. Annual Auditor Schedule of Grantee Receipts and Expenditure Report and Certification and Sworn Statement X 4. Fidelity Bond X 5. Job descriptions and names of the executive director and fiscal officer X 6. Agency Personnel Policies and Procedures Manual which contains policies on equal opportunity and non - discrimination, Drug Free Workplace, Americans with Disabilities Act, Pro - Children Act, Conflict of Interest, and prohibition against political activities consistent with the assurances and certifications in Sections III and IV of this application. X 7. Agency Financial Policies and Procedures Manual X Section If; CERTIFICATION OF BOARD POWERS AND COMPOSITION The Board of Directors has, at a minimum, the power to [If no, explain below]: YES NO 1 . Appoint Executive Director x 2. Determine personnel, organization, fiscal and program policies x 3. Determine overall program plans and priorities x 4. Make final approval of all programs, proposals and budgets x 5. Enforce compliance with all grant conditions X 6. Ensure the extent and quality of participation of the poor in the planning and evaluation of programs x 7. Are any of the above powers subject to concurrence, veto, or modification by any other local official or authority, other than by delegation by the governing board? (If yes, explain below.) x 8. Are any of the above powers delegated? (If yes, explain below.) x Explanation FY 2011-12 Community Services Block Grant Application Board of CAMA90s Meeting 03/14/2011 3 -1 -4 E a) a) cu Sc? a) . 4-4 >4 0 (1) CO C= - . CO :F; CL X 0 0 — 0 co W E C 0 CD 0 E co E CD E 0 -2 CD U) 0 ca E 0 E =3 E :2-P L- 0 CD Co -a ca -&--& 61.- `!D 0 C ca 0 Lo W 0 C ca .0 -0 (D (D C) R CL CD a) U) 0 cu E cu CU 0 -0 E2 E LEO E E ZD L- co CD C= (D 0 CC a U) (D J--a a 0 (D CC 21 .2 AR w w 0 w 0 >% 0 -0 0 U) OL w = w w . c n ca 0- M w 0 M — cu = — U) = CD c a uj E E E ,*— E E = 0 c (D 0 b C5 E U) 0 0 0 0 Oy E cu 0 2 Q. co :3 cn CC -0 i :w cu 7E w S� (D 19 ca It 00 0 CD (D -- 5 0 M ;z ;2E CD a. cu CM 3: cn 0 0 FE &W 0 ® .2 0 ® 0 4) CL CD CD > 4.- 0 > C7 00 (D C -2 CC 04 3 c e ) CN (D 0 -1 04 %..e U 0 04 L) 8 z N v-- C X c:) C14 *qr M CD CN C:> C20 U) M L. cn Z z C a E C.) 00 M cm z clq 0 qKr N 04 M 00 C-4 N a as .2 .2 = 0. .9 d L) E 2 M z M 34: co c � a — E CL 0 0 G C ® E . to - tm e 0 a 16m 0 E CD 0 CD (D 0 E (D (D LL) C/) a) If c m :3 CC a) - C- W 2 cr) _0 ca 2 CC 2 r (a 0 0 cj) LO CC > . of E J. 0 -0 CC >% -K-- U L E E CC 0 ca 0 0 Z co W CC W �& U) OL 0 12 C) 07 M 0 ca -1 w4r M = C13 U) OD M IV- It- C4 LC) CD T- CO c7> V- 0 CO a) V- c%j v- CO 04 v- C> C�O M C e ) Co U') qt cn CN Cr) CO) T- 0 (D 0 0 of (D Q) (1) d) d) Ci] C C 0 0 0 0 0 0 a 0 0 0 0 > 0 0 M cu w w w M M w M w M w w M w M w M cu E A 0 CD 3 3 3 3 3 3 3 3 3 3 39 3 (D E >' Z M M z z M :z M 3 �2 ca >4 0 0 0 cl ca 4-- ca 4- 0 0 (3) cl) cc 0 0 .+-o .— (D CU FD = U) E (D CD (D E co ME D E > z cn cu w E cu Z ® cc E CU W 0 L CO cc cc co M CD 75 w E cu ca 0 C CO (D ca (D = ( D -a C/) (D co a) cu - ® a T co = CD Z-30 > %W E a) cu Z cu (D �e cr cl) MCC �e (D �= co 0 C z cn 0 U 0 CIO ca 0 cu a) - CV Cvi 4 L[7 1 C6 CV M 4 U C6 W- U) ---I ---,) U- 0 C_,, Cr] . U _ 5 (6 CII (D ■ 40 • 0 co 0 a iCf Ca 0 04 CD (D cj) cu CL E E E 0 CV Board of Commissioners Meetin 03/14/2011 3-1-5 1 R � I II committees of the board should fai composi f. Name Offi r Comm ittee Sector Represent Off R ev. Chades Davis Jr. Chairman Pdvat Sa ndra 1 ammy Vice Chairman riy t Nata lie S ec Public Executive Committee Ken ne t h Davis Poor M ichael Krause Poor .-A q uanefta McNeil Poor Clarence it Poor Rev Chades Davis Chad Jr. Ch Pdvate John Holtz Priv Sandra M cClammy Priv She lia cult Publi Nata lie Stallings Publi Kenneth Da vis Chairman r Re v. Chades Davis Jr. Pdvat John Holtz Priv S helia cult Publi Poo Publ F inance " Cla rence i oar Fa Ha nkins Privat John Holtz Nv Dona r n Public Poo Publ Fundraisin Commiftee Ken `s P A i l Ch Poor Janeft Adams Priv Faye Hankins Priv Nata lie Ili lic Pub M ichael Krause Poor C larence it h Chairman Poor Re v. Chris Davis Jr. Priv Sandra M c Clammy riv Nata lie Stallings Publi Pub i , mmmee Ken neth vis r Ken ° Ham Poor Jan Janett Adams Privat Re v. Chades Davis Jr. Priv Christine McNamee Publi She lia c l Chairman lic Strate 1 i M ichael Krause Chainnan Poor A q uanefta McNeil Poor Sa ndra cCl Private Dona r Public Ch ris t ine c lic Private FY 2011 -12 Community Services Block Grant Application Page 5 of 23 Board of Commissioners Meeting 03/14/2011 3 -1 -6 New Hanover County Community Action, Inc. Section III: ASSURANCES The undersigned, Chairperson of the Board of Directors of New Hanover Countv Communitv Action Inc hereby assures and cer#ifies that: (1 ) Funds made available through this grant or allotment will be used: (A) To support activities that are designed to assist low - income families and individuals, including families and individuals receiving assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ), homeless families and individuals, migrant or seasonal farmworkers, and elderly low - income individuals and families to enable the families and individuals to: remove obstacles and solve problems that block the achievement of self-sufficiency (including self-sufficiency for families and individuals who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act); secure and retain meaningful employment; (iii) attain an adequate education, with particular attention toward improving literacy skills of the low- income families in the communities involved, which may include carrying out family literacy initiatives; (iv) make better use of available income; (v) obtain and maintain adequate housing and a suitable living environment; (vi) obtain emergency assistance through loans, grants, or other means to meet immediate and urgent family and individual needs; and (vii) achieve greater participation in the affairs of the communities involved, including the development of public and private grassroots partnerships with local law enforcement agencies, local housing authorities, private foundations, and other public and private partners to document best practices based on successful grassroots intervention in urban areas, to develop methodologies for widespread replication; and strengthen and improve relationships with local law enforcement agencies, which may include participation in activities such as neighborhood or community policing efforts; 2. The Board of Directors is selected by the agency and is constituted so as to assure that: (A) The Board of Directors is composed of at least 15 members and no more than 51; A Board membership is as follows: (i) one -third are elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one -third of the membership of the Board, membership on the Board of appointive public officials may be counted in meeting the one -third requirements; (ii) at least one -third of the members are persons chosen in accordance with democratic selection procedures to assure that they are representative of the poor in the area served; (iii) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community. 3. No funds will be expended in a manner involving the use of program funds, the provisions of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office; any activity to provide voter or prospective voters with transportation to the polls or similar assistance with any such election, or any voter registration activity. 4. The agency will provide for coordination with emergency energy crisis intervention programs. 5. The agency has established fiscal controls and fund accounting procedures in accordance with cost and accounting standards of the Office of Management and Budget (OMB Circular A -110 and A -122). In addition, the agency provides for and will submit an audit of its expenditures of OEO funds or a Schedule of Grantee Receipts and Expenditures Report and Certification and Sworn Statement FY 2011 -12 Community Services Block Grant Application Board of CcDRUWrs Meeting 03/14/2011 3 -1 -7 New Hanover County Community Action, Inc. 6. The agency will permit and cooperate with federal and state investigations undertaken pursuant to Section 678D of the Act and state statutes. 7. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Community Services Block Grant. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1 975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 8. CERTIFICATION REGARDING LOBBYING. it will ensure that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre- requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 for each such failure. 9. PRO- CHILDREN ACT OF 1994. it will comply with Public Law 103 -227, Part C - Environmental Tobacco Smoke. This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment. It agrees that the above language will be included in any subawards which contain provisions for children's services and that all subgrantees shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per day. 10. DRUG FREE WORKPLACE. It will provide drug free workplaces in accordance with the Drug Free Workplace Act of 1988 of (41 U.S.C. 701) by: (A) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) establishing an ongoing drug free awareness program to inform employees about 1) the dangers of drug abuse in the workplace, 2) the grantee's policy of maintaining a drug free workplace, 3) any available drug counseling, rehabilitation, and employee assistance programs, and 4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.; (C) making it a requirement that each employee to be engaged in the performance of grant be given a copy of the statement required by (A) above; (D) notifying employees in the statement required by (A) that, as a condition of employment under the grant the employee will 1) abide by the terms of the statement, and 2) FY 2011 -12 Community Services Block Grant Application Board of CcDRIMAs Meeting 03/14/2011 3 -1 -8 New Hanover County Community Action, Inc. notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (E) notifying the grantor in writing within 10 days after receiving notice under (D)2) from employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (F) taking one of the following actions, within 30 calendar days of receiving notice under (D)2), with respect to any employee who is so convicted: 1) taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended or 2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency; (G) making a good faith effort to continue to maintain a drug free workplace through implementation of A, B,C, D,E, and F; (H) providing the street address, city, county, state and zip code for the site or sites where the performance of work in connection with the grant will take place. The period covered by the certification extends until all funds under the specific grant have been expended. 11, DEBARMENT. It and its principals (see 24 CFR 24.105(p) 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions (see 24 CFR 24.110) by a Federal department or agency; 2) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in 2) above; and 4) have not within a three -year period preceding this applicabonlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the grantee is unable to certify to any of the statements in this certification, such grantee shall attach an explanation behind this page. 12. AMERICANS WITH DISABILITIES ACT of 1990 (ADA). It agrees to comply with the ADA, and with requirements contained In applicable Federal regulations, rule and guidelines. In accordance with the ADA we hereby agree to a policy of "nondiscrimination against persons with disabilities" in providing or contracting for the programs listed below. If we find that present services or facilities of those with whom we contract do discriminate against persons with disabilities, we promise to 1) first, to try to remedy the situation; 2) second, to contract with another provider that does not discriminate, or 3) third, if an alternative provider is not available or feasible, to find a comparable service for the disabled person. If the last course 3) is chosen, we shall take steps to ensure that no additional costs are incurred by the person with the disability and that the service is equally effective, affords equal opportunity and was fully integrated, not segregating the person with the disability such that they are in a more restrictive setting than disabled receiving the same service. Should any administrative or judicial forum hold the Department of Health and Human Services liable under any provision of the ADA, then we will be held responsible for reimbursing any damages incurred by the Department of Health and Human Services. We take full responsibility for compliance with all provisions of the ADA and for ensuring compliance with the ADA by any and all programs of services contracted by us. Signature of Board Chairperson Date Rev. Charles Davis Jr. _ New Hanover County Community_ Action, Inc. Typed Name of Board Chairperson Agency FY 2011 -12 Community Services Block Grant Application Board of CANAAAA Meeting 03/14/2011 3 -1 -9 New Hanover County Community Action, Inc. Section IV: CERTIFICATIONS Public Hearing We herein certify that a public hearing as required by 10A NCAC 97B .0402 CITIZEN PARTICIPATION IN THE APPLICATION PROCESS occurred on ,March 15, 2011 ....,,.,.,....., for the initial planning process for the agency's current project plan and the agency has maintained documentation to confirm the process of the public hearing. County Commissioners Review We herein certify that the initial application for this project period was presented to the Board of County Commissioners for review and comment on February 28,2011 as required by 10A NCAC 97C .0111(A). For multi- county providers, indicate the county and date the initial application for funding was presented to the Board of County Commissioners as required by 10A NCAC 97C .0111(B). Rev. Charles Davis Jr. Typed Name of Agency Board Chairperson Signature of Agency Board Chairperson FY 2011 -12 Community Services Block Grant Application Pape 9 of 2 Board of Commi sioners eeting 03/14/2011 3 -1 -10 Han over New ! A ction, PLANNING PROCESS NARRATIVE ROMA Goals 1, 3 and 5 Low income People Become More Self - Sufficient; Low income People Own a Stake in their Community; Agencies increase their capacity to achieve results DHHS Excels -Goal 2 Expand understanding and use of information to enhance the health and safety of North Carolinians �. Explain in detail how each of the following was involved in the planning and development of this strategic plan. a. The Poor: Each year citizens of New Hanover County are given the opportunity to participate in a Public Forum to express their concerns about needed services, existing programs and any other concerns that they may have. Surveys are gathered throughout the year to bring to the forefront areas of concerns from Head Start families as well as the community. All this information is taken into consideration when developing the strategic plan. b. The Staff: Staff has a critical role in this process. Staff is often the first point of contact with the community and our customers. Staff is involved in many local activities /partnerships and has appointments on various boards /committees to gain even more critical information as to the pulse of the community. This information is shared with all programs in management team meetings and the Executive Director. The Executive Director has the responsibility of sharing this information with the Board of Directors. Staff and management rely heavily on information obtained in the Community & Self Assessments. c. The Board: The Board of Directors facilitates an interactive process of gathering information from staff and the community through reports from the Executive Director on a monthly basis. The composition of the Board of Directors allows the individuals that represent different sectors the opportunity to express areas of concerns that they have received from individuals or have experienced themselves. The Board engaged in its annual planning session on January 27 & 28 & February 21, 2011. This information is used to measure & identify programs and /or areas progress of lack of This information is also used to identify new programs needed as well as ongoing advocacy efforts. Reports from all funding sources are discussed on a monthly basis to allow further dialogue to better meet the needs of all citizens of New Hanover County. ROMA Goal 5 DHHS Excels -Goal 2 Agencies increase their capacity to achieve results Expand understanding and use of information to enhance the health and safety of North Carolinians 2. Describe your agency's method for identifying poverty causes and list the identified causes. New Hanover County Community Action, Inc., identifies poverty causes by gathering information from entities such as the U.S. Census Bureau, U.S. Department of Labor, New Hanover County Fact Book. • Greater access to childcare assistance • Better Housing Opportunities • Expanded Public transportation • Inadequate Skills, trainings & Education • Overall Economy • More Intensive Case management FY 2011 -12 Community Services Block Grant Application Board of Commssloners Meeting 03/14/2011 3 -1 -11 New Hanover Count Communit Actio ROMA Goals 4 and 5 Partnerships among supporters and providers of services to low- income people are achieved; Agencies increase their capacity to achieve results DHHS Excels -Goals 1 and 2 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Expand understanding and use of information to en hance the health and safety of North Carolinians 3. Describe the needs of low- income youth and your agency's efforts to promote increased community coordination and collaboration in meeting the needs of low- income youth. New Hanover County continues to have a high volume of youth involved crimes. This stems from a combination of different issues such as; peer pressure, dysfunctional families, absent and or incarcerated parent (s), low - incomes, unemployment and many more. New Hanover County Community Action, Inc. is particularly excited about the District Attorney's Blue Ribbon Commission that will pattern its efforts after the Harlem Children's Project. This project will place specific resources to high risk youth in area that we presently serve. New Hanover County Community Action, Inc. offers Survival Skills for Youth during the summer months to introduce youth to various entities within the community links them with mentors within the community and offers them skills that will assist them in everyday life situations. Through continued planning and collaboration with other agencies, New Hanover County Community Action, Inc., will be in position to assist this vulnerable population. 4. Describe how your agency plans to make more effective use of, and to coordinate with, other programs (including State welfare reform efforts). New Hanover County Community Action Inc., collaborates with the local community agencies that assist families and individuals that we presently serve. Through attending and participating in regular planning meetings with agencies such as, Work Force Development, Employment Security Commission, Wilmington Housing Authority, Department of Social Services, Smart Start of New Hanover County we will have increased involvement in having input in the decision making process that will affect the citizens that we serve. ROMA Goals 1, 2 and 5 Low income People Become More Self - Sufficient; The conditions in which low income people live are improved; Agencies increase their capacity to achieve results DHHS Excels -Goal 1 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians 5. Provide a description of the service delivery system targeted to low- income individuals and how linkages will be developed to fill identified gaps in services, through the provision of information, referrals, case management, and follow -up consultations. Prospective customers are screened to ensure their needs ft the guidelines of the program we are funded for. Once an application is completed, all information is verified, customers are informed of their status in the program. Once accepted into the program all are required to complete an orientation where program guidelines are further explained. A case manager is assigned and goals are developed with the customer. Aggressive case management assures that the customers with more complex issues that we are not equipped to handle are given appropriate referrals. Follow-up is required to ensure that all referrals are appropriate and timely. Monitoring of all applications, case manager files, and services received are an appropriate response to assuring that we are providing customers, particularly the low - income citizens the best of services. FY 2011 -12 Community Services Block Grant Application Pa gq 1 of 23 Board of Comr�ilssloners Meeting 03/14/2011 3 -1 -12 New Hanover / Communit RGMA Goal 4 Partnerships among supporters and providers of services to low- income people are achieved DHHS Excels -Goal 1 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians 6. Describe how your agency's grant activities will be coordinated with other public and private resources. New Hanover County Community Action, Inc. understands that we alone cannot solve the many issues of New Hanover County nor do we have all the solutions. Therefore, we understand the importance of establishing strong and productive partnerships. Partnerships formed range from monetary donations, to in -kind services. Members of the community are made aware of any activities, workshops, seminars that would be of assistance to their agency and clients. Managers and case workers are often asked to become a part of the agenda to present agency programs to give the community a better understanding of programs offered. RGMA Goal 2, 4 and 6 Low income People Become More Self-Sufficient; Partnerships among supporters and providers of services to low- income people are achieved; Low - income people, especially vulnerable populations, achieve their potential by strengthening family and other support systems DHHS Excels -Goals 1 and 3 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Offer outreach and services to individuals and families identified as being at risk of compromised health and safety, 7. Provide a description of how your agency will support innovative community and neighborhood -based initiatives related to the purposes of the Community Services Block Grant (fatherhood initiatives and other initiatives with the goal of strengthening families and encouraging effective parenting). New Hanover County Community Action, Inc. understands that a key goal of the fatherhood initiative must be to strengthen relationships between mothers and fathers that lead, whenever possible to strong and healthy marriages. New Hanover County Community Action, Inc. believes that strategies to promote fatherhood must take into account the diverse conditions of father absence, strengthening the father /child bond at all stages of a relationship between a mother and a father. We believe that the fatherhood initiative must identify factors that would keep fathers from building caring and nurturing relationships with their children. New Hanover County Community Action, Inc. will stand on these beliefs and support others that believe in prompting healthy families. New Hanover County Community Action, Inc. works with the local Health Department, Smart Start of New Hanover County and others to offer parenting skill classes to individuals enrolled in our programs. We understand that parents are the first teachers and for the family to become successful in all areas we must work with the entire family. ROMA Goal 5 and fi Agencies increase their capacity to achieve results; Low - income people, especially vulnerable populations, achieve their potential by strengthening family and other support systems DHHS Excels -Goals 1 and 5 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Provide services and protection to individuals and families experiencing serious health and safety needs who are not, at l east temporarily, able to assist themselves. 8. Describe activities that your agency has undertaken or plans to undertake, on an emergency basis, for the provision of such supplies and services, nutritious foods, and related services, as may be necessary to counteract conditions of starvation and malnutrition among low - income individuals. FY 2011 -12 Community Services Block Grant Application Board of CoRNMWA Meeting 03/14/2011 3 -1 -13 New Hanover County Community Action, Inc. New Hanover County Community Action, Inc. provides services to customers and families to provide food and related services to combat malnutrition/starvation. where an individual is seeking assistance and is not an established CSBG client, a referral will be made to a local community based organization. Follow -up to ensure needs are met is mandatory. New Hanover County Community Action, Inc. is in the process of refurbishing the kitchen that is attached tour recently renovated auditorium. It is our desire that this will be of use to the community and possibly serve as a feeding site. 9. Describe how your agency will coordinate, and establish linkages between, governmental and other social services programs to assure the effective delivery of such services to low - income individuals and to avoid duplication of such services, how your agency will coordinate the provision of employment and training activities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1 998. New Hanover County Community Action, Inc. actively participates in services offered through the local Employment Security Commission. A representative of the CSBG program is stationed there one day a week for three hours. During that time they assist individuals with various tasks associated with job searches and preparation. We also attend quarterly meetings to receive updates on new employees moving to the area as well as areas that are in high demand for labor. Through increased partnerships with various entities in the county, New Hanover County Community Action, Inc. will ensure effective service delivery within the county is achieved. ROMA Goal 4 and 6 DHHS Excels -Goal 5 Partnerships among supporters and providers of services to Provide services and protection to individuals and families low - income people are achieved; Low- income people, especially experiencing serious health and safety needs who are not, at vulnerable populations, achieve their potential by strengthening least temporarily, able to assist themselves. family and other support systems 10. Describe how your agency will ensure coordination with the emergency energy crisis intervention program under title XXVI (relating to low- income home energy assistance). New Hanover County has a Weatherization and HARRP program locally. Through these programs New Hanover County Community Action, Inc. will be able to ensure that eligible customers receive energy assistance, repairs and education to maintain sufficient heating and cooling. CSBG continues to offer utility assistance through our current program. Referrals are always given when resources are available. The New Hanover County Department of Social Services receives funds through the LEAHEAP program. ROMA Goal 4 Partnerships among supporters and providers of services to low- income people are achieved DHHS Excels -Goals 1 and 2 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Expand understanding and use of information to enhance the hea lth and safety of North Carolinians . Describe how your agency will coordinate programs with and form partnerships with other organizations serving low - income residents of the community, including religious organizations, charitable groups, and community organizations. FY 2011 -12 Community Services Block Grant Application Board of CORRA tAs Meeting 03/14/2011 3 -1 -14 New Hanover County Community Action, Inc. New Hanover County Community Action, Inc. is involved in community and organizational meetings to increase visibility and to take more of a leadership role in developing county --wide programs to combat poverty. Through staff memberships in various sororities, fraternities and community organizations, New Hanover County Community Action, Inc. employees are deemed ambassadors for the agency and are encouraged to promote our mission whenever the opportunity presents itself. RGMA Goal 5 Agencies increase their capacity to achieve results DHHS Excels -Goals 1 and 2 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Expand understanding and use of information to enhance the health and safety of North Carolinians 12. Describe the methods and criteria used to determine priority and selection of strategies to be implemented. Methods used to determine priority and selection strategies for implementation are based upon the agency wide community needs assessment, which surveys a variety of citizens and their needs throughout New Hanover County. where there are identified gaps in services that are not adequately met, New Hanover County Community Action, Inc. places greater priority on strategic planning to implement the service. The Executive Director makes recommendations to the Board of Directors and sub committees of the board as part of the annual self- assessment process. The Board and senior management hold strategic planning retreats to prioritize community needs and New Hanover County Community Action's response to those needs. Criteria used to determine priority_ • Evaluate /ensure there is no duplication of services Limited funding • Identify pockets of poverty within the county and services provided RGMA Goal 1, 2, 3 and 5 DHHS Excels- Goal 4 Low income People Become More Self- Sufficient; The Provide services to individuals and families identified as being at conditions in which low income people live are improved; Low- risk of compromised health and safety. income people own a stake in their community; Low- income people, especially vulnerable populations, achieve their potential by strengthening family and other support systems 13. Describe activities that your agency has undertaken or plans to undertake to advocate for and empower low - income individuals and families to achieve a greater sense of authority over their own lives and future. Through opportunities for low - income individuals to serve on the Board of Directors and Head Start Policy Council is one significant way that individuals are given the opportunity to have a stake in making decisions that affect them and the communities in which they live. Customers /parents are empowered to advocate for themselves as well as read materials on a daily basis to keep abreast of current events. They are encouraged to attend City Council; FY 2011 -12 Community Services Block Grant Application Board of diARMA4Meeting 03/14/2011 3 -1 -15 New Hanover County Community Action, Inc. Board of Education and other public meetings to speak on any concerns they may have. New Hanover County Community Action, Inc. further promotes encouraging individuals to gain more knowledge through higher education to become better equipped to achieve higher standards of living and become more independent as well as building personal self- esteem. RGMA Goals 1 and 5 Low - income People Become More Self - Sufficient; Agencies increase their capacity to achieve results DHHS Excels -Goal 1 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians. 14. Describe activities that your agency has undertaken or plans to undertake to establish a pool of unrestricted funds to further the agency's mission and reduce dependency on government funding. a. Funds to support services for low- income persons New Hanover County Community Action, Inc. continues to plan strategically to administer new and innovative programs. At the present time we are re- vamping the before & after school program. At this time it is the agency's only "fee for service" program. b. Funds to support the overall agency Funds received from the use of the John H. McCoy Auditorium are placed in a discretionary account that is for agency use. RGMA Goal 5 DHHS Excels -Goal 1 Agencies increase their capacity to achieve results Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians. 15. Describe your agency's method for identifying and contracting with service providers for various services inclusive of but not limited to audit services, equipment/space rentals, personnel services, etc. The Fiscal Officer is responsible for solicitation of bids for goods or services with an acquisition cost of $5,000.00 or more. The procedure is designed to insure fair competition in the bid process and to insure that the goods and services are adequate to meet agency needs and are purchased at the best price possible. Comparison shopping will be conducted to every extent practical. The Fiscal Officer may delegate this function as needed to the part- time bookkeeper. ROMA Goals 3, 4 and 5 Low - income people own a stake in their community; Partnerships among supporters and providers of services to low- income people are achieved; Agencies increase their capacity to achieve results DHHS Excels- Goal 1 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians. 16. Describe activities that your agency has undertaken or plans to undertake to identify and contract services with minority -owned banks and businesses owned by minorities, women and the disabled. Presently there are not any minority own banks in the Wilmington area. New Hanover County Community Action, Inc. receives a listing of minority owned companies form the City of Wilmington. We will continue to receive this listing and afford these businesses the opportunity to partner with our agency. FY 2011 -12 Community Services Block Grant Application Board of Cor r qA?1A4eeting 03/14/2011 3 -1 -16 New Hanover County Community Action, Inc. ROMA Goal 2, 4 and 6 Low income People Become More Self-Sufficient; Partnerships among supporters and providers of services to low- income people are achieved; Low - income people, especially vulnerable populations, achieve their potential by strengthening family and other support systems DHHS Excels -Goals 1 and 3 Manage resources that provide an elevated level of effective and efficient delivery of services and programs to North Carolinians; Offer outreach and services to individuals and families identified as being at risk of compromised health and 17. Describe your agency's method for informing custodial parents in single - parent families that participate in CSBG programming about the availability of child support services. In addition, describe your method for referring eligible parents to the child support office[s]. New Hanover County Community Action, Inc. believes in offering comprehensive services to all families. When working with single - parent families, male /female it is our responsible to give them all necessary tolls to become self-sufficient. We inquire if the custodial parent receives child support or not. If they do not receive child support we do further case management to determine the reason(s) that they are not pursuing child support. Families are encouraged to seek child support and bring documentation showing that they have taken the initial steps. During the year we may have a representative from the child support office visit our program to speak to parents about the process. FY 2011 -12 Community Services Block Grant Application Board of Comme 11 of 03/14/2011 3 -1 -17 New Hanover County Community Action, Inc. N.C. Department of Health and Human Services Office of Economic Opportunity Community Services Block Grant Program FY 2011 -12 AGENCY STRATEGY FOR ELIMINATING POVERTY -- FORM 210 Strategy �. X Planning Period July 1, 2011 to June 30, 2014 Amended Strategy SECTION I. CAUSE (PROBLEM) IDENTIFICATION (Use additional sheets if necessary) (1) Poverty Cause Name Inadequate Income; Affordable Housing &Inadequate Employment Opportunities (2) Poverty Cause Description: a. Describe the poverty cause in detail. According to the 2010 U.S. Census Bureau, there a total of 1 95,485 people living in New Hanover County. In New Hanover County we are currently composed of 81.7% Caucasian, 15.5% African American, and the remaining would be considered Hispanic, American Indian, or Asian /Pacific Islander. New Hanover County is currently experiencing rapid growth. However, pervasive problems such as limited access to affordable housing, educational assistance, limited job /training /skill development programs, a limited public transit system, increasing crime and affordable day care all contribute to the plight of families living below the poverty level in New Hanover County. Unemployment for New Hanover County is at 8.9 %. Wilmington's largest industry is the Healthcare Industry. The majority of persons that receive employment are employed as low- skilled workers at the minimum wage ($7.25) b. Explain why the problem exists. Housing for low- income families is always an issue. According to the 2008 -08 American Community Survey that in New Hanover County there are over 28,789 families renting houses /apartments. Of those 809 are paying less than $200.00 and 1.377 are paying $1,500 or more each month. Furthermore the same worker earning minimum wage spends an additional 113 Of their income on childcare. There continues to be a lack of affordable housing and affordable childcare. Education and job training continue to remain as barriers for low- income individuals seeking to rise from poverty. While education is an issue so is substance abuse which seems to becoming a large problem in New Hanover County. c. Identify the segment of the population experiencing the problem. All segments of the population are experiencing and affected by the problem of poverty. Poverty has no 1219 families received Work First Financial Assistance. On average, 17,000 individuals were served monthly through Food Stamp Assistance. NC Health Choice serves children and families that are 200% below the federal poverty level and do not qualify for Medicaid, served 41,797 individuals. d. Quantify the number of persons experiencing the problem. The number of people living at or below poverty levels in NHC is 27,454 that is 14% of the total population. Individuals older than 65 living in poverty are 2,581 and individuals aged 18 -64 who are living in poverty is 17,241. Children 0 -17 living in poverty are 7,832, that is 27.8% of the total population. e. Clarify how the persons are adversely affected. Federal guidelines do not cover today's cost of living; they simply provide a baseline means of existence. A single person with an income of $10,890 or less or a family of four with an income of $22,350 or less annually meet the criteria for poverty. These factors of income inadequacy is a catalysts for higher infant mortality rates, children who can't learn in school because of hunger and other issues, adults who die early because they eat unhealthy, and frail elders who make do because they have to chose between medication and food. (3) Priority Number 1 SECTION II. RESOURCE ANALYSIS (Use additional sheets if necessary) (4) Resources Available: FY 2011 -12 Community Services Block Grant Application Board of Comm�i 03/14/2011 3 -1 -18 New Hanover County Community Action, Inc. AGENCY STRATEGY FOR ELIMINATING POVERTY- FORM210 (Continuation Page) Poverty Cause Name _Inadequate Income: Affordable Housing &Inadequate Employment Opportunities a. Agency Resources available through New Hanover County are the CSBG program, Head Start, Wrap- Around program and the John H. McCoy Auditorium for community meetings and events. b. Community Department of Social Services; Wilmington Housing Authority, Salvation Army, Cape Fear Community College, Job Link Career Center (ESC), LINKS, New Hanover County Schools, Blue Ribbon Commission. (5) Resources Needed: a. Agency More funding opportunities; increased programs to train and to impact the work force with qualified workers; more aggressive case management, follow -up and accountability b. Community New Hanover County needs to strategically be in a better position to attract more employers to the area; better accessibility to affordable housing and child care. SECTION Ill. GOAL AND STRATEGY (6) Long -Range Goal: Enable 30 low- income citizens to become self-sufficient, by rising above the Poverty income Guidelines by June 30th, 2012 through combined educational and employment efforts. (7) Strategies for Achieving Long -Range Goal: (Use asterisk to denote strategies to be implemented agency) • To link participant, community strengths and resources to meet the needs of the participant so that they may become self-sufficient* • Aggressive case management and accountability* • Consistent monitoring of programs goals and accomplishments* • Increased collaboration with other Human Service Agencies* FY 2011-12 Community Services Block Grant Application Board of Come sARWMeeting 03/14/2011 3 -1 -19 ! ! ! U N.C. Department of Health and Human Services Office of Economic Opportunity Community Services Block Grant Program FY 2011 -12 ONE -YEAR WORK PROGRAM AND BUDGET —FORM 212 One -Year Submission ^X Amendment SECTION I. PROJECT IDENTIFICATION Objective: To provide Family Comprehensive Services to 100 low- income citizens including carryovers, to improve their potential for Self - Sufficiency by ,tune 30, 2012. Executive Director 1. Provide adequate orientation/tra ining s. for all staff: Family Services Manager • Distribute & discuss work plan • Coordinate /conduct training • Establish program guidelines for eligibility & enrollment • Establish recruitment & referral process 2. Develop new and re- establish existing partnerships Executive Director with potential employers, educational institutions to Family Services Manager afford participants more opportunities Family Services Specialist Intake Specialist 09/11 1 12111 1 03112 1 06/12 35 70 100 100 (35) (30) Ongoing I Ongoing I Ongoing I Ongoing Ongoing I Ongoing I Ongoing I Ongoing FY 2011 -12 Community Services Block Grant Application Page 1.9 of 23 Board of Commissioners Meeting 03/14/2011 3 -1 -20 SECTION II: PROJECT DESCRIPTION Implementation Schedule Project One -Year Objective First Second Third Fourth And Activities Position Title Quarter Quarter Quarter Quarter New Hanover Count Communit Action, Inc. 'G%RANTEE ONE-YEAR WORK PROGRAM (Continuation Paae) FY 2011-12 Communit Services Block Grant Application Pa 20 of 23 Board of Commissioners Meetin 03/14/2011 3-1-21 Project One- Year Objective Implementation Schedule And Activities I Conduct recruitment/outreach: Famil Services 09111 12111 03112 06/12 • Advertise locall ;radio; television; Mana word of mouth ■ Present at or events that Famil Services Specialist On On On On serve desired population ■ Circulate informational brochures/announcements 4. Conduct Intake: • Secure supplications Intake Specialist On On On On • Secure eli documents • Establish waitin lists ■ Make necessar referrals 5. Identif educational needs of participants: • Refer to Cape Fear Literac Council Intake Specialist On On On On for assessment ■ Universit eli • Communit Colle eli • Basic Skills ■ GED/Hi School Diploma 6. Identif Housin needs of participants and standard affordable housin in the area. Famil Services On On On On • Section 81Public Housin Specialist • City of Wilmin Housin Pro ■ Habitat for Humanit 7. Develop a Famil Development Plan for all participants: Famil Services Specialist On On On On • Establish mutual; realistic g oals with participant ® Develop timeline for completion of g oals • Make appropriate contactstfollow-up • Maintain contact 8. Establish stron partnership with Emplo Famil Services On On On On Securit Commission (Job Link) Specialist • Assi emplo on site Attend meetin s/tra in in 9. Conduct participant assessments: ■ Ensure that at least 10 participants Famil Services Specialist On On On On rise above the povert g uidelines ■ Resume' writin • Emplo Counselin • Job Readiness Skills (certification) • Survival Skills 10. Offer Supportive Service Famil Services • Household Mana Specialist Ongoin On On On • Bud • Utilit Assistance; food; transportation; housin childcare 11. etc. Prepares pa Bookkeeper On On On On 12. Maintains upkeep of buildin occupied b CSBG staff Custodian On On On On FY 2011-12 Communit Services Block Grant Application Pa 20 of 23 Board of Commissioners Meetin 03/14/2011 3-1-21 New Hanover County Community Action, N.C. Department of Health and Human Services Office of Economic Opportunity Community Services Block Grant Program FY 2011 -12 CSBG ADMINISTRATIVE SUPPORT WORKSHEET — FORM 212 -A One -Year Submission Amendment (1) Administrative Support requested for: (Name of grant) (2) Brief description of grant, including name of funding source: Total Grant Amount $ (3) Reason for requesting Administrative Support. (attach supporting documentation) (4) Amount of Administrative Support requested: $ (5) Basis for determining amount of Administrative Support needed: (Please choose either Indirect Costs or Cost Allocation, not both.) Indirect Costs Indirect Cost Base Indirect cost base amount for this grant Indirect Cost Rate Percent indirect allowed by funding source for this grant % Dollar amount indirect allowed by funding source for this grant °Io Cost Allocation Percent of admin costs allowed by funding source for this grant %Dollar amount of admin costs allowed by funding source for this grant $ (6) Actual numerical calculation used to determine amount of Administrative Support needed: (7) Administrative Support to be applied: Monthly Quarterly Annually FY 2011 -12 Community Services Block Grant Application Page 21.of 23 Board of Commissioners Meeting 03/14/2011 3 -1 -22 New H MONITORING, ASSESSMENT AND EVALUATION PLAN �. Describe the role and responsibilities of the following in the assessment and evaluation of agency programs. a. Board of Directors: The Board will monitor and assess program activities through regular reports and correspondences on program performance from the Office of Economic Opportunity. Board committees will monitor and assess program activities through involvement in agency wide self- assessments and reports to the Boards and Committees. b. Low- Income Community: Members of the low- income community have an opportunity through the annual CSBG Public Forum to publicly voice their concerns /opinions about the performance and availability of projects and services to them. However, on a regular basis members of the low- income community may address staff, Board of Director's or the Executive Director during board meetings or using the community complaint process to voice their concerns about the overall effectiveness of programs and projects. c. Program Participants: Participants are asked to complete an annual survey /evaluation of services offered through the CSBG program. Participants are encouraged to address any issues or concerns with staff. A community complaint process is available to support any program participant who expresses dissatisfaction with the quality of services. d. Others: Program staff is involved annually in the self - assessment process which provides an opportunity for peer review and feedback. Program participants are kept abreast of program results and evaluations through regular staff meetings. 2. Describe how administrative policies and procedures are monitored by the Board of Directors. Administrative Policies and Procedures are monitored at the staff level through regular management team meetings. where regulatory changes occur in grant requirements, personnel law, and applicable state, federal and local fiscal requirements may be discussed. Policy and Procedural changes which are required as a result of regulatory changes are brought forth for review and revision from the staff to the Board. 3. Describe how the Board acts on monitoring, assessment and evaluation reports. The Board reviews monitoring, assessment and evaluation reports at its monthly meetings. Reports requiring corrective action are discussed and the Board directs the Executive Director to assess causes for and make corrections too programmatic and administrative deficiencies FY 2011-12 Community Services Block Grant Application Page 22 of 23 Board of Commissioners Meeting 03/14/2011 3 -1 -23 New Hanover County Community Action, Inc. 4. Describe the Board's procedure for conducting the agency self-evaluation. Annual Strategic planning meetings are held annually for management staff; Board & Policy Council. This is a time to evaluate the state of the agency, its programs and where improvements is needed. Staff is expected to defend their programs in an open dialogue, concerning progress or lack of meeting the desired performance measures as well as plans for improvements. 5. Summarize the results of the Board's most recent self-evaluation, and indicate when the next evaluation will begin and be completed. The most recent Board retreat was held on January 25, 25 & February 19, 2011 in Wilmington, NC. The following are areas identified for improvement: • Increase public relations about the Head Start program and the entire agency from the governance perspective • Send members for state and regional trainings • Examine board committees for effectiveness 5. List outcome measures to be used to monitor your agency's success in promoting self-sufficiency, family stability, and community revitalization. • The number of low - income families rising above the poverty • The average change in annual income per participant family • The number of participants obtaining employment • The number of participants obtaining jobs with medical benefits • The participant average wage rate • The number of participant completing education /training programs • The number of participants securing standard housing • The number of participants provided emergency assistance 7. All CSBG grantees are required to report on the outcome measures listed in the chart below. These outcome measures are also attached to the CSBG contract between your agency and our Office. As a result of your agency's planning process, please enter in Column A the projected outcome results (target) for each outcome measure. Outcome Measures Expected to achieve the outcome in reporting period (Target) *Number of persons served 100 The number of low- income families rising above the poverty level 10 The average change in annual income per participant family (in whole #'s) $2.00 The number of participants obtaining employment 50 The number of participants obtaining jobs with medical benefits 50 The participant average wage rate $12.00 The number of participants completing education /training programs 25 The number of participants securing standard housing 25 The number of participants provided emergency assistance -0- *Multiple county service providers must list below the table the number of persons targeted to serve per the county. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 4 DEPARTMENT: Health PRESENTER(S): Dianne Harvell, Environmental Health Services Manager CONTACT(S): Dianne Harvell, Environmental Health Services Manager SUBJECT: Approval of Request for Quotation (RFQ) to the US Consumer Product Safety Commission to Fund Public Pool Inspections in FY 11 -12 BRIEF SUMMARY: The US Consumer Product Safety Commission will reimburse New Hanover County Health Department $40,000 in FY 11 -12 for inspecting 200 public swimming pools and spas to determine compliance with the Virginia Graeme Baker (VGB) Pool And Spa Safety Act. All public swimming pools, wading pools, spas and hot tubs must now be equipped with drain covers meeting the requirements of the Act. Additionally, under select conditions, secondary or backup devices must also be installed to assure prevention of suction hazards. Verifying and compiling a report of the VGB compliance status of 200 pools will be completed by existing staff. No new positions are being requested as part of this action. No matching county dollars are required as part of this action. (These inspections would have occurred as a normal part of our public pool inspection program.) RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to submit a Request for Quotation to US Consumer Product Safety Commission as reimbursement for inspections of public pools, spas and hot tubs during FY 11 -12 in the amount of $40,000. ATTACHMENTS: RFQ Announcement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 4 -0 Harvell, Dianne From: Myles, Germaine [GMyles @cpsc.gov] Sent: Thursday, February 17, 2011 11:18 AM To: undisclosed- recipients Subject: Request for Quotation CPSC -Q -11 -0040 - Pool Inspections - North Carolina Attachments: CPSC-Q-1 1-0040 Dear Prospective Quoter: Attached please find Request for Quotation (RFQ) number CPSC -Q -11 -0040 to provide Pool Inspection Services for the Consumer Product Safety Commission. If you are interested in this award, then please complete the attached RFQ as follows: 1. Cover sheet (Standard Form 1449) — Block 17 with the contractor's name, DUNS number, address and telephone number must be complete. The signature, name and title of an individual authorized to commit the company must complete blocks 30a, b and c of the Standard Form 1449. 2. Please review the Statement of Work found on pages 3 through 13. 3. Review Additional Information to Quoters found on pages 14 through 17. This portion of the RFQ will provide instructions on submitting your quotation on pages 14 -15. 4. Complete FAR 52.212 -3, Offerors Representations and Certifications found on pages 20 through 29. Please send your response via email to Please separate the 3 volumes as requested in 3 separate attachments in your email. If you wish to respond via mail please return one (1) original and three (3) copies of the 3 separate volumes requested to: Germaine Myles Consumer Product Safety Commission, Division of Procurement Services 4330 East West Highway, Room 517 Bethesda, Maryland 20814 Please send with an adequate lead time to assure that it will arrive on or before the deadline of 3:00 PM on March 18, 2011. If you have questions, you may contact the undersigned by email at gmyles @cpsc.gov no calls please). thank you, .'virs. Germaine R..�vlyles Contract Specialist /PRISM System Administrator Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 Phone: 301 - 504 -7669 Fax: 301 - 504 -0628 Board of Commissioners Meeting 03/14/2011 4 -1 -1 * * * * * 1. 1. 1. Unless otherwise stated, an views or opinions expressed in this e-mail (and an attachments) are solel those of the author and do not necessaril represent those of the U.S. Consumer Product Safet Commission. Copies of product recall and product safet information can be sent to y ou automaticall via Internet e-mail, as the are released b CPSC. To subscribe or unsubscribe to this service g o to the followin we pa https -://www. cpsc. aov/cpsclist. a *****1. 1. 1. 2 Board of Commissioners Meetin 03/14/2011 4 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 5 DEPARTMENT: Human Resources PRESENTER(S): Dennis Ihnat, Human Resources & Community Relations Director CONTACT(S): Mark Francolini, Human Resources & Community Relations Manager SUBJECT: Approval of Personnel Policy Revisions BRIEF SUMMARY: Recommended policy changes to four articles (eight sections) of the personnel policy. See attachment for detailed explanation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the revisions. ATTACHMENTS: Personnel Policy Revisions for 3/14/11 Meeting COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 5 -0 r b 86A, New Hanover County INTER - OFFICE MEMORANDUM TO: All Concerned FROM: Mark Francolini SUBJECT: PERSONNEL POLICY REVISIONS Attached for your review are recommended revisions to articles /sections of our existing personnel policy, which pertain to the following: 1. Additional wording to include department head discretion in creating flexible work schedules. 2. Changes to the smoking policy to include all tobacco products. 3. Clarification of who is eligible for administrative leave when declared by the County Manager. 4. An additional item to the list of causes related to "failure in the performance of duties." 5. A change to the date retirement benefits go into effect for new employees, where the effective date will be the date of hire instead of upon successful completion of the introductory period, which could be 6 -12 months. To apply these recommendations, revisions will have to be made in four articles (eight sections) of our personnel policy which references this information. Also attached is a summary of the changes to each article and section, as well as the actual sections which show current policy and the recommended changes. These revisions are currently being reviewed by Andre Mallette, Wanda Copley, and Dennis Ihnat. They have been asked to provide comments in enough time to modify these revisions before final adoption. Board of Commissioners Meeting 03/14/2011 5 -1 -1 Policy Changes for Board of County Commissioners' Meeting — 3/14/11 Following is a list of recommended changes to various articles /sections of the personnel policy: Article 6, Conditions of Employment — Section 6. 1, Workweek — The recommendation is the addition of a paragraph stating the current County practice that department heads have discretion to allow flexible work schedules. Article 6, Conditions of Employment — Sections 6.13, 6.13.1, and 6.13.2 (policies related to smoking) - The recommended change is to current smoking policy to include all tobacco products being prohibited in County -owned buildings or vehicles or in restricted areas. Article 7, Leave Policies — Sections 7.10 and 7. 10.1 (administrative leaved — The recommended change provides clarification of employees eligible for administrative leave when declared by the County Manager. Article 8, Performance, Discipline — Section 8.2.2 — Failure in Performance of Duties — The recommendation is to add to the list of causes of "failure in performance of duties" failure to report motor vehicle or DWI charges /convictions, as stated in the Safety Policies. Article 10, Employee Benefits — Section 10.2, Retirement Benefits — This change allows all regular employees to enroll in the retirement system effective on their hire date, instead of waiting 6 -12 months to successfully complete their introductory period. Article 6, Conditions of Employment — Section 6.1, Workweek 6.1 Workweek For payroll purposes, the workweek established for New Hanover County employees is the seven -day period from Tuesday through Monday. Generally, the standard operating hours and scheduled work hours for County employees is Monday through Friday, 8:00am — 5:00pm. However, other work schedules are created for some departments or operations. When the activities of a particular department require some other schedule to meet work needs, the County Manager may authorize a deviation from the normal schedule. DeDartinetit heads Ii ble for tit their workforce Labor Standards L %,ct J FLSA' i Iglines. For reasons of curtailment of work or lack of funds, the Count Mana in consultation with the Board of Count Commissioners, ma institute chan to work weeks, da and hours of operation of Count offices, work schedules, and the number of hours emplo ma be scheduled to work, for as lon as the Count Mana deems necessar The Count Mana in consultation with the Board of Count Commissioners, ma implement a furlou plan. Article 6, Conditions of Employment — Sections 6.13, 6.13.1, and 6.13.2 (policies related to smoki 6.13 Tobacco-Free Thi V-101i, has been established to A an note the health L2 - jL e r t n e: c%c% and iii and well beili ofei� ccs isi . T torsobacco use has been Nw,-S' m, a*-Iti linked 'to pnreventabIC.1'. Dire-inature deaths in the United States. The Purpose and cts in Applicabilit buildin'.2s, land vehicles owned or leased' bv Nexv Hanover Coun L SS r`_I inatter of vital concern affectir the public. health safet and welfare of all Dersons ei, 4 iness with New Hanover CoUntv. This "noli overs', 1-111 eil-L ilo cc's and otlie ners,ons in Cofflirv- build I S o r v e h is I e s. -h+a,444ef .mot, o--+he—s*,, 44eant—, - 6.13.2 Tobacco-Free The provisions of this polic shall be enforced b mana Enlo rcementN personnel. An reports of q uestionable practices or violations shall be ", taken seriousl and referred to the Count Safet Officer for -E,-,n&r-cL,,eme,n4 resolution. Retaliator actions a a complainant will not be condoned b New Hanover Count and should be reported to the Human Resources Director. Article 7, Leave Policies — Sections 7.10 and 7.10.1 (administrative le Board of Commissioners Meetin 6.13.1 Tobacco-Free Sinokimy, and the use of tobacco Droducts are not Derinitted in ativ N,(�,Smokin countv-owned or leased builditilis or vehicles or in certain restricted ent. Sino in the use of tobacco ,nroducts inav be p gIn!qg �d areas outside of builc, in 2-s-, dgzi cyna'ed b the Countv Safetv ' t 0 ffii c e r. 6.13.2 Tobacco-Free The provisions of this polic shall be enforced b mana Enlo rcementN personnel. An reports of q uestionable practices or violations shall be ", taken seriousl and referred to the Count Safet Officer for -E,-,n&r-cL,,eme,n4 resolution. Retaliator actions a a complainant will not be condoned b New Hanover Count and should be reported to the Human Resources Director. Article 7, Leave Policies — Sections 7.10 and 7.10.1 (administrative le Board of Commissioners Meetin 03/14/2011 5-1-3 7.10 Administrative There are times when the County Manager may deem it inadvisable The County Manager may authorize the use of administrative leave for other special purposes as deemed appropriate. The following policy relates to the use of it during emergency closings. 7.10.1 Administrative The County Manager may declare periods of administrative leave Leave Policy during which eligible employees may receive administrative leave pay for any time they were unable to work during their regularly scheduled work hours due to the closing. Administrative leave may be designated for full days or partial days and for selected or all County offices, depending on the circumstances. Unless deemed ineligible for administrative leave pay, employees shall not be required to charge the use of personal leave or take leave - without -pay for lost work time. Every einplovee eli.jible for adinitustrative leave who would otherwise iii t "at work" status wheii iii iv e leave is Employees directed by official notice to evacuate their homes are entitled to administrative leave prior to the official start of the declared administrative leave period. Administrative leave for these Board of Commissioners Meeting 03/14/2011 5 -1 -4 employees will begin at the point the evacuation order is issued and upon notification to appropriate supervisory personnel. If the evacuation is completed before administrative leave begins, the employee should report back to work or request to use personal leave. Administrative leave for i Rees i the first emergency shift may begin prior to the official start of administrative leave, at the discretion of the County Manger. This will allow those employees time to prepare for the emergency and rest prior to reporting for their shift. Employees returning home at the end of a shift to sleep before reporting for their next shift are not entitled to administrative leave between shifts. Administrative leave does not count as hours worked for overtime purposes. Article 8, Performance, Discipline — Section 8.2.2 — Failure in Performance of Duties 8.2.2 Failure in The following causes relating to failure in the performance of duties Performance are representative of, but not limited to, those considered to be of Duties adequate grounds for disciplinary action, up to and including dismissal: a. Inefficiency, negligence or incompetence in the performance of duties; b. Careless, negligent or improper use of County property or equipment; c. Discourteous treatment of the public or other employees; d. Absence without approved leave; e. Habitual improper use of leave privileges; f. Habitual pattern of failure to report for duty at assigned time and place; g. Guilty of gross misconduct or conduct unbecoming to a public officer or employee; h. Participation in any action that would in any way seriously disrupt or disturb the normal operation of the agency, institution, department or any segment of local government; i. Trespassing on the home of any public official or employee for the purpose of harassing or forcing dialogue or discussion from the occupants; j. Willful damage or destruction of property; k. Willful acts that would endanger the lives and property of others; 1. Possession of unauthorized firearms or lethal weapons on the job; m. Brutality in the performance of duties; n. Refusal to accept a reasonable and proper assignment authorized by a supervisor (insubordination); o. Acceptance of gifts in exchange for favors or influence; p. Releasing of confidential information to unauthorized persons; q. Engaging in incompatible employment or serving a conflicting Board of Commissioners Meeting 03/14/2011 5 -1 -5 Article 10, Employee Benefits — Section 10.2, Retirement Benefits Ch Ch I Cs North Carolina Local Governmental EIiIIDl0VC' Retirement S �L Enforcement Officers on their date of hire if hired as a reaular full-time orDart-time elIlDlovee of New Contributions to the appropriate retirement s are deducted from the emplo pa checks and contributions are also made b the Count at a rate determined b the State Department of the Treasurer, Retirement S Division. Board of Commissioners Meetin 03/14/2011 5 -1 -6 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 6 DEPARTMENT: Planning PRESENTER(S): Mike Kozlosky, Wilmington Metropolitan Planning Organization Executive Director CONTACT(S): Chris O'Keefe, Planning & Inspections Director and Sam Burgess, Subdivision Review Planner SUBJECT: Adoption of a Resolution Supporting Corridor Preservation for the Future Hampstead Bypass (R- 3300) BRIEF SUMMARY: On January 26, 2011, the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee approved a resolution supporting corridor preservation for the future Hampstead Bypass (R- 3300) with the preferred E -H alignment (See attached). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution Supporting Corridor Preservation for Future Hampstead Bypass (R -3300) Future Hampstead Bypass with Preferred E -H Alignment Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 6 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING CORRIDOR PRESERVATION FOR THE FUTURE HAMPSTEAD BYPASS (R -3300) WHEREAS, the US 17 Corridor Study includes the Hampstead Bypass (R -3300) and Military Cutoff extension (U- 4751); and WHEREAS, the US 17 Corridor study has been underway for several years and is part of the NC Strategic Highway Corridor Initiative to preserve and maximize long -term interconnectivity of core transportation corridors in North Carolina; and WHEREAS, the proposed Hampstead Bypass (R -3300) extends from the Wilmington Bypass in New Hanover County to US 17 in Pender County; and WHEREAS, various alternatives have been studied and opportunities for public input into the process have been extensive; and WHEREAS, the number of alternatives under consideration has been reduced from thirteen to six with all options extending beyond the Topsail High School; and WHEREAS, Alternative E -H has less residential and business displacements; and WHEREAS, the New Hanover County Board of Commissioners recognizes that the corridor will be selected following the completion of the environmental study; and WHEREAS, due to the possibility of encroaching development it is critical to protect and preserve a transportation corridor; and WHEREAS, North Carolina General Statutes 136.44 -50 provides authority for local governments, North Carolina Department of Transportation, North Carolina Turnpike Authority, regional transportation agencies and the Wilmington MPO to preserve and protect transportation corridors. NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes the need to preserve and protect corridors and hereby supports filing a transportation corridor official map for Alternative E -H of the Hampstead Bypass (R -3300) from the Wilmington Bypass in New Hanover County to US 17 in Pender County. ADOPTED this the 14 day of March, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 6 -1 -1 Board of Commissioners Meeting 03/14/2011 6 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 7 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Edward J. McMahon, Sheriff SUBJECT: Approval of 2010 Grant Award from the Bureau of ,Justice Assistance (B,JA) for Purchase of Bulletproof Vests BRIEF SUMMARY: The Sheriffs Office has been awarded a 2010 grant of $11,694 from the Bureau of Justice Assistance (BJA) for the purchase of bulletproof vests. This is a 50 -50 grant with a local match of $11,694. The Sheriff respectfully requests that General Fund Contingency funds be used for the local match requirement. The Bulletproof Vest Partnership (BVP) is a unique initiative designed to provide a critical resource to state and local law enforcement agencies. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize acceptance of the grant and adopt ordinance for the associated budget amendment 11 -179. ATTACHMENTS: B/A 11 -179 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 7 -0 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -179 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -179 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriff s Office /Uniform Patrol: Uniforms Purchase $23 Finance/Nonde artmental: Contingencies $11 $11 Total $11 $23 Revenue: Decrease Increase Sheriffs Office /Uniform Patrol: Grant —Federal: 2010 BVP Grant $11 Total $11 Section 2: Explanation To budget grant award of $11,694 from the Bureau of Justice Assistance for the purchase of bulletproof vests. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies balance is $376,218. 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 11 -179, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 7 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 8 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Edward J. McMahon, Sheriff SUBJECT: Approval of 2008 Port Security Grant Program (PSGP) Award to Sheriff's Office for the Purchase of Dive Team Training in the Amount of $12,866 BRIEF SUMMARY: The Sheriffs Office has been awarded a 2008 Port Security Grant for the purchase of Dive Team Training. This will provide the necessary instruction to expand the level of training to include ERDI I, ERDI II (Emergency Rescue Diver International) and Full Face Mask which will maintain OSHA compliance, increase personnel safety and increase port security through underwater investigation. The grant award is $12,866. No County match is required. The Sheriff originally planned to request permission to apply for this in November, 2009, but at that time, it required a 25% match. He decided to pull the item because of the match requirement. We have now received a waiver to eliminate the matching requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the 2008 Port Security Grant for the purchase of Dive Team Training in the amount of $12,866; authorize the County Manager to sign the grant award document; and adopt the ordinance for budget amendment 11 -190. ATTACHMENTS: B/A 11 -190 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 8 -0 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -190 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -190 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office /Administration Expenditure: Decrease Increase Sheriff s Office /Administration: Training and Travel $12 Total $12 Revenue: Decrease Increase Sheriffs Office /Administration: Grant — Federal — Port Security Grant $12 Total $12 Section 2: Explanation To budget a 2008 Port Security grant award of $12,866 for Dive Team Training to increase personnel safety and port security through underwater investigation. No County match is required. 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 11 -190, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 8 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 9 DEPARTMENT: Sheriff PRESENTER(S): Ed McMahon, Sheriff CONTACT(S): Martin J. Adams, Captain SUBJECT: Approval of Inmate and Staff Food Services Contract Award BRIEF SUMMARY: Proposals were received on January 18, 2011, from four vendors interested in providing the service of preparing and serving food for inmates and administrative staff at the County's Detention Facility. Prices were solicited on an Average Daily Population (ADP) of 523 inmates and 100 staff meals. Summary of bids received: ABL $1.3317 Aramark $1.3780 Trinity $0.9400 One of the bidders, Shaw Foods Inc., did not meet the minimum experience requirement outlined in the Request for Proposals; therefore, this was bid was considered to be non - responsive. Staff conducted mandatory interviews with on February 8, 2011. After interviews and evaluations were completed, staff selected Trinity Food Services as the vendor to recommend to the Board for award of the contract. This company is currently providing the food service at the County's Detention Center. The County is currently paying $.91 per meal and Trinity Food Services is willing to continue providing this services at a modest increase of only $.03 per meal. Other reasons for staff s decision include the following: • Established working relationship with expectations of the level of service already being met. • Trinity's management understanding the goals and expectations of the Sheriff's Office. They have demonstrated this over the course of the current contract. • The fact that this selection requires only minor changes to achieve facility food service objectives with minimal cost increase. • Continuity of food services; and • Trinity Services Group received superlative recommendations and was the highest ranking vendor in customer satisfaction. RECOMMENDED MOTION AND REQUESTED ACTIONS: Award contract to Trinity Food Services, Inc., to provide the service of preparing and serving food for inmates and administrative staff at the County's Detention Facility. Board of Commissioners Meeting 03/14/2011 9 -0 ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 9 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID FOR INMATE AND STAFF FOOD SERVICES WHEREAS, after due advertisement, proposals were received on January 18, 2011, from bidders interested in providing the service of preparing and serving food for inmates and administrative staff at the County's Detention Facility; and WHEREAS, costs received from those bidders deemed to be responsive and responsible are named below; and Trinity Food Services $0.9400 ABL Management $1.3317 Aramark $1.3780 WHEREAS, staff conducted mandatory interviews with these three bidders on February 8, 2011, and after interviews and evaluations were completed, staff selected Trinity Food Services as the company to recommend to the Board for award of the contract; and WHEREAS, not only is this company the lowest responsive, responsible bidder, this company also is currently providing food services at the County's Detention Center at a cost of $.91 per meal and is willing to continue providing this services at a modest increase of only $.03 per meal for a total price per meal of only $.94. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the bid for providing Inmate and Staff Food Services at the County's Detention Facility is hereby awarded to Trinity Food Services Group and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 14 day of March, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 9 -1 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 10 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Edward J. McMahon, Sheriff SUBJECT: Approval of 2008 Port Security Grant Program (PSGP) Award to Sheriff's Office for the Purchase of a Submersible Robot in the Amount of $109,770 BRIEF SUMMARY: The Sheriff's Office has been awarded a 2008 Port Security Grant for the purchase of a submersible robot for the boat team. This project will enhance port security and provide more effective safety operations. The amount of the award is $109,770. It does not require a County match. The Sheriff originally planned to request permission to apply for this in November, 2009, but at that time, it required a 25% match. He decided to pull the item because of the match requirement. We have now received a waiver to eliminate the matching requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the 2008 Port Security Grant for the purchase of a submersible robot in the amount of $109,770; authorize the County Manager to sign the grant award document; and adopt the ordinance for budget amendment 11 -18 8. ATTACHMENTS: B/A 11 -188 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 10 -0 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -188 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -188 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriff s Office /Uniform Patrol: Capital Outlay - Equipment $109 Total $109 Revenue: Decrease Increase Sheriffs Office /Uniform Patrol: Grant — Federal — Port Security Grant $109 Total $109 Section 2: Explanation To budget a 2008 Port Security grant award of $109,770 for the purchase of a submersible robot for the Boat Team. No County match is required. 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 11 -18 8, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 10 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 CONSENT ITEM: 11 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2011. 11 -174 - Parks, Gardens, Senior Resource Center 11 -178 - Social Services 11 -185 - Health 11 -186 - Health 11 -187 - Health 2011 -37 - Sheriffs Office 2011 -38 - Sheriffs Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 11 -174 B/A 11 -178 B/A 11 -185 B/A 11 -186 B/A 11 -187 B/A 2011 -37 B/A 2011 -38 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 03/14/2011 11-0 Approved 5 -0. Board of Commissioners Meeting 03/14/2011 11-0 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -174 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -174 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Parks, Gardens and Senior Resource Center/Health and Wellness Promotion Expenditure: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Title 3 Health Grant $2 Contract Services $2 Total $2 Total $2 Revenue: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Grant - State $2 Total $2 Section 2: Explanation To budget Evidence -Based Health Promotion grant of $2,373. These funds will be used to conduct classes for two evidence -based curricula: A Matter of Balance, which is designed to help seniors prevent falls; and Chronic Disease Self - Management, which helps seniors manage chronic diseases such as high blood pressure and diabetes. This Grant requires a 10% match, which has been identified within the existing budget. 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 11 -174, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -1 -1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -178 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -178 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Social Services/Energy Neighbor and Administration Expenditure: Decrease Increase Social Services/Energy Neighbor: Assistance Payments $16 Total $16 Revenue: Decrease Increase Social Services /Administration: DSS Administration 1571 Funds - Federal /State $16 Total $16 Section 2: Explanation To budget a one -time additional allocation of $16,277 in (Progress Energy) Energy Neighbor funds to provide emergency assistance to low - income households to help pay for heating costs. There are no matching County funds required. 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 11 -178, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -2- 1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -185 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -185 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health /Administration Expenditure: Decrease Increase Health /Administration: Travel and Training $7 Total $7 Revenue: Decrease Increase Health /Administration: State Grant — Public Health Quality $7 Total $7 Section 2: Explanation The Health Department has received a grant award of $7,500 from the North Carolina Center for Public Health Quality for Quality Improvement 101 Course training programs. These funds will be used to provide the Health Department with Quality Improvement (QI) training programs so they can learn and apply QI methods and tools within their setting. Approval of this grant application was given at the July 12, 2010 County Commissioner's meeting. No matching County funds are required. 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 11 -185 amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -3 -1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -186 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -186 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Women's Preventive Health Expenditure: Decrease Increase Health /Women's Preventive Health: Contract Services $8 Supplies 17 Total $25 Total $25 Revenue: Decrease Increase Health /Women's Preventive Health: Grant — State — NC Dept of Health & Human Services $25 Total $25 Section 2: Explanation The Health Department received $25,000 additional funding from the North Carolina Department of Health and Human Services, Division of Public Health, for Family Planning (Title X) approved expenses. These funds have been awarded as one -time bonus funds based on performance as demonstrated by increased caseload of family planning patients. No County matching funds are required. 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 11 -186, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -4- 1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -187 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -187 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health /Administration Expenditure: Decrease Increase Health /Administration: Supplies — Port Security $6 Capital Outlay - Motor Vehicles — Port Security 30 Total $36 Total $36 Revenue: Decrease Increase Health /Administration: Grant — Federal /State — Port Security $36 Total $36 Section 2: Explanation The Health Department has received a grant award of $36,000 from the Port Security Grant Program. These funds will be used to enhance the department's ability to respond in partnership with the Port of Wilmington and the New Hanover Regional Medical Center to assure effective communication with sick international crew members, port employees and citizens, while also allowing for the effective and proficient movement of essential medical supplies during times of public health emergencies in New Hanover County. Specifically, these funds will be used for the purchase of translation /communication enhancement equipment, a transport vehicle and an enclosed trailer with tire lock. Approval of this grant application was given at the May 18, 2009 County Commissioner's meeting. No matching County funds are required. 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 11 -187, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -5 -1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011 -37 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-37 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $12 Total $12 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property $12 Total $12 Section 2a: Explanation To budget Federal Forfeited Property (DOJ) receipts of 2/8/11 and 2/22/11. Department of Justice (DOJ) receipts are for drug seizures and Alcohol, Tobacco and Firearms cases. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Capital Outlay — Motor Vehicle $7 Total $7 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property $7 Total $7 Section 2b: Explanation To budget insurance proceeds for a wrecked motorcycle originally purchased with Federal Forfeited Property (DOJ) funds. These proceeds will be used toward the purchase of a replacement motorcycle. 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 2011-37, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -6 -1 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 2011 -38 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2011-38 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $8 Total $8 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $8 Total $8 Section 2: Explanation To budget Controlled Substance Tax receipts of 2/18/11. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. 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 2011-38, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 11 -7 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 12 DEPARTMENT: County Attorney PRESENTER(S): Tom Wolfe, Chairman, New Hanover County Alcoholic Beverage Control Board CONTACT(S): Wanda Copley, County Attorney SUBJECT: Consideration of a Resolution Supporting the Current North Carolina Public Alcoholic Beverage Control System BRIEF SUMMARY: North Carolina law establishes a uniform system of control at the local government level over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages through a local ABC Board appointed by the New Hanover County Board of Commissioners. Profits from the sale of alcoholic beverages are returned to local governments. The revenue generated from the sale of alcoholic beverages is a critical source of income for local governments, especially in the current economic downturn. Privatization of alcoholic beverages would decrease this income. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt the resolution. ATTACHMENTS: Resolution Other States Framework Attachment A Attachment B COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider resolution. COMMISSIONERS' ACTIONS: The item was tabled until the Board may speak with the local delegation by a vote of 4 -1, Commissioner Davis dissenting. Board of Commissioners Meeting 03/14/2011 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION SUPPORTING THE CURRENT NORTH CAROLINA PUBLIC ALCOHOLIC BEVERAGE CONTROL SYSTEM WHEREAS, Chapter 18B of the North Carolina General Statutes addresses the regulation of alcoholic beverages in North Carolina; and WHEREAS, current North Carolina law establishes a uniform system of control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages in the State; and WHEREAS, local government control is central to the current alcoholic beverage control system; it is a local decision to establish and operate ABC stores, and local government, acting through a local ABC Board appointed by the New Hanover County Board of Commissioners, to balance the control, profits and availability of spirits in the County; and WHEREAS, when voters approved liquor sales for off - premises consumption, the voters did not vote to allow liquor to be sold in private retail establishments, but only through publically controlled local ABC stores; and WHEREAS, current law provides that profits from ABC store sales are returned to local government, and this revenue stream is a critical source of local government funding; and WHEREAS, maintaining current sources of revenue is a priority, especially in the current challenging economic times. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby support the continuance of the current Alcoholic Beverage Control System, and opposes any efforts to privatize the ABC system, diminish local control or to diminish the local government revenues from local ABC store profits. ADOPTED this the 14 day of March, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 12 -1 -1 New Hanover County Alcoholic Beverage Control Board Agenda Item Report to the NHC Board of Commissioners (Part 1 of 3 parts) Subject: Information on other States' ABC Framework/Systems Meeting Date: March 14, 2011 1. Introduction a. Overview: The purpose of this report is to provide the NHC Board of Commissioners with information on other states' alcoholic beverage control framework/systems. b. History — Alcoholic Beverage Control: The 18 amendment which abolished "intoxicating liquors" was repealed by the 21 amendment on December 3, 1933. This amendment ended prohibition but it did not provide a framework for states to determine how alcohol was to be controlled. Apparently, each state developed its own set of regulations. The New Hanover County ABC Board was established in 1935 under Session Law 1935 -418. North Carolina established a state -wide system in 1937. 2. Control and License Jurisdictions: a. Control Jurisdictions: i. "These U.S. and Canadian jurisdictions are directly engaged in the sale of distilled spirits and, in some cases, wine and malt beverages. All exercise control over wholesale distribution. Many exercise control of retail package sales through government - operated stores or contracted agency outlets, while the remaining jurisdictions sell at wholesale to private beverage retailers. Control States license and regulate all members of the beverage alcohol industry which do business in their jurisdictions, including manufacturers, importers, wholesalers, and on/off premises retailers" 1 . ii. North Carolina is considered a "Control" State. iii. A list of Control Jurisdictions in the United States is included in Attachment "A' b. License Jurisdictions: i. "Unlike Control Jurisdictions, U.S. and Canadian License Jurisdictions do not participate directly in the sale of alcohol beverages. Wholesale and retail sales of distilled spirits and wine are conducted by private businesses. License Jurisdictions license and regulate all members of the beverage alcohol industry which do business in their jurisdictions, including manufacturers, importers, wholesalers, and on/off premises retailers " ii. License Jurisdictions are also referred to as "privatized ". 1 Description of Control Jurisdictions - Source: National Alcohol Beverage Control Association, Survey Book: 2009, page II. 2 Description of License Jurisdictions — Source: National Alcohol Beverage Control Association, Survey Book: 2009, page II. Page . 1 of 4pages Board of Commissioners meeting 03/14/2011 12-2-1 New Hanover County Alcoholic Beverage Control Board Agenda Item Report to the NHC Board of Commissioners (Part 1 of 3 parts) Subject: Information on other States' ABC Framework/Systems Meeting Date: March 14, 2011 iii. A list of License Jurisdictions in the United States is included in Attachment "A' 3. ABC Control Models 3 : There are five ABC control models: a. State Retail Model: State government controls the warehouse and retail distribution of liquor, determines brands and pricing of liquor sold in the state; and maintains a warehouse for distribution. The sale of alcoholic beverages occurs in stores owned, maintained, and operated by state government. b. Current North Carolina Model: This is similar to the State Retail Model (above), but a major difference occurs at the local distribution level. State government regulates the wholesale and retail distribution of liquor, determines brands liquor sold in the state; and maintains a warehouse for distribution. The distiller actually determines the cost of the product and the Commission applies markups according to laws to arrive at the retail and LBD sales prices. State government also provides transportation from the state warehouse to the ABC Boards. Individual ABC Boards are responsible for the wholesale sales (sales to mixed beverage permit holders; often called "mixed beverage sales" or "liquor -by- the - drink" sales) and retail store sales. These sales occur in stores owned (or leased), maintained, and operated by ABC Boards by Board employees. Details of the North Carolina system are beyond the scope of the report; however, it is discussed in greater detail in a separate document entitled "The North Carolina ABC System is Unique ". c. Agency Store Model: State government controls the wholesale and retail distribution of liquor, but the retail sale of alcoholic beverages is handled by contracted agency stores selling liquor on behalf of the government. State governments pay agency or contract stores a commission or sell alcoholic beverages to agency stores at a discount. The state determines brands and pricing of liquor sold in the state and maintains a warehouse for distribution to the agency stores. d. Warehouse Model: State government controls the wholesale distribution of liquor. The retail sale of liquor is handled by private retail business licensed by the state. The state determines brands and pricing of liquor sold in the state and maintains a warehouse for distribution to private businesses. e. Licensure Model: State government regulates the distribution of alcoholic beverages by licensing suppliers, wholesales, and retail businesses selling alcoholic beverages and collecting taxes on these beverages. These states do not control retail or wholesale distribution of alcoholic beverages. 3 Source: The description of the State Retail, Agency Store, Warehouse, and Licensure models is from the General Assembly's Program Evaluation Division's report (Report no. 2008- 12 -01, Exhibit 17, page 35). Page 2 of 4pages Board of Commissioners meeting 03/14/2011 12 -2 -2 New Hanover County Alcoholic Beverage Control Board Agenda Item Report to the NHC Board of Commissioners (Part 1 of 3 parts) Subject: Information on other States' ABC Framework/Systems Meeting Date: March 14, 2011 4. Control States with Agency Stores: Of the 19 control jurisdictions only nine states do not have agency stores. Control jurisdictions with agency stores appear to blur the line between "Control" and "Privatized" systems. However, the single feature that distinguishes license from control states is that Control states take either ownership /or control of the product at some point in the transaction cycle and therefore become the exclusive sellers in a particular sector of the business. Please see Attachment `B" for a summary of the framework of control jurisdictions with agency stores 5. Advantages and Disadvantages of Control Systems (the reasons listed below are not intended to be all inclusive or exhaustive) : a. Advantages 6 : i. "Revenue Generated: The Control Systems generate 102% MORE per gallon revenue than license states. According to the study by the Centre for Addiction and Mental Health titled Retail Alcohol Monopolies: Preserving the Public Interest monopolies generate more state revenue than license states ". ii. "Social Costs Reduced: 1. The Control States consume 15.8% LESS distilled spirits than license states. a. Control States: 1.6 gallons per capita (spirits). b. License States: 1.9 gallons per capita (spirits). 2. According to the report by Thomas B ador et al, Alcohol: No Ordinary Commodity monopoly systems limit alcohol consumption and alcohol related problems ". iii. "Lives Saved: The Control Systems experience 9.3% LESS under 21 impaired driving deaths than license states. According to a recent study by PIRE titled, Impact of Retail Alcohol Monopolies on Underage Drinking, lower consumption rates in the control states were associated with a 9.3% reduction in the impaired driving death rate of drivers under 21 in control states versus non - control states ". b. Disadvantages: i. License states usually have more retail outlets. 6. Proponents of Privatization: 4 This sentence is attributable to the Pacific Institute for Research & Evaluation pamphlet entitled The Effects of Privatization of Alcohol Control Systems, publication date unknown (received by the New Hanover County ABC Board 3/2/2011) . It should be noted that the NC ABC Commission takes possession of the products upon delivery to the warehouse, but it does not take ownership of the products. The local ABC Boards are required by law to pay each distiller directly within 30 days of delivery. 5 This attachment was extracted from the National Alcohol Beverage Control Association's 2010 Survey Book, page 278. 6 Source: Prepared by the National Alcohol Beverage Control Association, The ABC's of Alcohol Beverage Control undated (received by the NHC ABC Board 03/02/2011). 7 PIRE is the Pacific Institute for Research & Evaluation, date of the "recent study" is unknown. Page 3 of 4pages Board of Commissioners meeting 03/14/2011 12 -2 -3 New Hanover County Alcoholic Beverage Control Board Agenda Item Report to the NHC Board of Commissioners (Part 1 of 3 parts) Subject: Information on other States' ABC Framework/Systems Meeting Date: March 14, 2011 a. Privatization is discussed in various circles; however, verifiable facts seem to be omitted in many instances. b. If faced with a proponent of privatization: i. Avoid colorful stories about personal experiences. ii. Avoid political and emotional opinions. iii. Ask for the facts and related sources. iv. Ask for a complete business model. How will a privatized system work? Will privatization be self- supporting (as it is now)? v. Ask about how revenues will be distributed. Currently, a significant amount of revenues are distributed at the local level. vi. As with any important financial decision, gather the factual information, understand the issues, have a firm grasp of the long- term circumstances and only then draw your conclusion. Attachments: "A" — Lists of Control Jurisdictions and License Jurisdictions. "B" — Control States with Agency Stores. Page 4 of 4pages Board of Commissioners meeting 03/14/2011 12 -2 -4 New Hanover County ABC Board Report to the NHC Board of Commissioners Lists of United States Control and License Jurisdictions Attachment to Report — Meeting Date 3/14/2011 Control Jurisdictions Alabama Ohio Idaho Oregon Iowa Pennsylvania Maine Utah Maryland (see note below) Vermont Michigan Virginia Mississippi Washington Montana West Virginia New Hampshire Wyoming North Carolina North Dakota License Jurisdictions Alaska Maryland (see note below) Arizona Massachusetts Arkansas Minnesota California Missouri Colorado Nebraska Connecticut Nevada Delaware New Jersey District of Columbia New Mexico Florida New York Georgia North Dakota Hawaii Oklahoma Illinois Rhode Island Indiana South Dakota Kansas South Carolina Kentucky Tennessee Louisiana Texas Wisconsin * Note: The State of Maryland has four "Control" jurisdictions with those being the Counties of Montgomery, Somerset, Worchester and Wicomico. The remaining counties in Maryland are "License" jurisdictions. Attachment "A" — Lists of Control Jurisdictions and License Jurisdictions Page . 1 of 1pages Board of Commissioners meeting 03/14/2011 12 -3 -1 A Stores - Control Jurisdictions U w1h 0 ins -taK R, 6 ry v A P YP y ' Alabama No N/A N/A N/A 12% on the first $325,000 in sales, 8% on next $75,000 4% over $325,000 Idaho Yes State Set b state. based on sales, 8% on next $75,000, 4% over $4-00,000 based on sales in the prior FY. Iowa No, N/A N/A Iowa wholesales to privatel owned retail outlets. Maine Yes A Set b state. A purchase at 9% to 12% discounts. Mont Co, Independent contractors who provide labor onl operate three count stores. Yes Count Set b count Commissions paid bimonthl on net sales; rate varies from 5.99% to 13.5% Maryland of net sales. Michi No N/A S pirits set b state. Wholesale onl state, Mississippi No N/A N/A Wholesale onl state. All retail li stores ( 97 ) are operated as a A purchase li from the state li warehouse at a discounted price based on their commission rate, plus a wei avera discount rate, plus a sales volume rate. The commission rate for stores in communities with a population less than 3000 receive a 10% commission discount. Commission rates for stores Minimum set in communities with a population g reater than 3,000 is based on the rate of Montana Yes Agent b state. the successful bidder throu an "Invitation for Bid" process. The wei avera discount rate ever a receives in addition to their comission rate varies between stores. The wei avera discount rate is based on the stores historical ratio of full-case lot sales to licensees. A are re to g ive an 8% discount of full case lot sales to licensees. Stores with a sales volume g reater than $565,221 receive .875% discount and stores with a sales volume less than $565,221 receive 1.5% discount. New Hampshire Yes A N/A A purchases at 8% discount. North Carolina No NIA N/A N/A Ohio Yes State N/A Receive commission twice monthl retail e 6% of sales, wholesale 4%. Receive commission on monthl sales as follows: Non-Exclusive A base compensation of 14.25% of first $10,000 of monthl sales plus re sales commission of 7.85% of monthl consumer sales and 6.13% of Ore Yes State Set b state. monthl dispenser sales. Exclusive A base compensation ran from 14,25% of first $10,000 of monthl sales ( class 1 to $2,700 ( class VI plus re sales commission of 7.85% of monthl consumer sales and 6.13% of monthl dispenser sales, Penns No N/A N/A N/A Utah Yes State/A Set b state. Receive no commission; receive even monthl pa based on avera monthl sales of previous y ear. Commission paid twice monthl Commission based on fiscal y ear g ross sales: Incentive Commission S startin base commission alon Vermont Yes State Set b state. with additional incentive percenta values and ob to meet that can account for an additional 1.5% in commission for a total possible commission of 8.2% of g ross sales. Vir No N/A N/A N/A REGULAR CLS-Base rate ( calculated usin the avera net sales for prior FY plus commission percenta based on monthl net sales: 22.07% on Washin Yes State Set b state. first $10,500; 8.210/6 on sales frorn $10,501 to $21,000; and 6.45% on all sal over $21,000. HYBRID Store- ( pro g ram expandin in FY10-1 1 Flat ll 9.65 % Commission rate. West Vir No N/A N/A Wholesale onl state. W No N/A N/A Wholesale onl state. - Board of Commis ' sioners Meeting NTABCNytAQP Book: 210 10 278 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 13 DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Chairman Barfield SUBJECT: Consideration of Proclamation for the North Carolina Black Film Festival being held March 24 -27, 2011 in New Hanover County BRIEF SUMMARY: Rhonda Bellamy, Director of the Film Festival, has requested the Board to recognize the North Carolina Black Film Festival scheduled for March 24 -27, 2011. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 13 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION NORTH CAROLINA BLACK FILM FESTIVAL WHEREAS, the Black Arts Alliance was founded in August 1998, by a group of artists and arts patrons as a multidisciplinary vehicle for the advancement of African - American arts and culture; and WHEREAS, the Alliance serves as an advocate for arts and artists, nurtures emerging and veteran artistic talent, and develops new works in the performing, visual, and literary arts; and WHEREAS, the Black Arts Alliance, Inc. will present the 10 annual North Carolina Black Film Festival, March 24 -27, 2011 at the Cameron Art Museum, the Community Arts Center, and Screen Gems Studios; and WHEREAS, the four -day festival, formerly known as Cine Noir Festival of Black Film, includes a jury competition of short subject, feature - length, documentary, and animated films by and about African - Americans; and WHEREAS, most of these screenings are North Carolina premieres and recognize Emerging and Distinguished Filmmaker honorees for meritorious contributions to American cinema; and WHEREAS, the Black Arts Alliance promotes the greater Wilmington area as a possible location for future film projects by encouraging visiting filmmakers to tour Screen Gems Studios, Wilmington Camera, and other industry resources; and WHEREAS, the sponsors, which include the North Carolina Arts Council, Landfall Foundation, Screen Gems Studio, Ken Weeden & Associates, and Coast 97.3, invite everyone to join in the celebration of the North Carolina Black Film Festival. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 24 -27, 2011 be known as the North Carolina Black Film Festival in New Hanover County; and BE IT FURTHER PROCLAIMED, that the Board urges all citizens to enjoy the rich culture of our area by recognizing the contributions of African - Americans in film and participating in the celebration of the Black Film Festival. ADOPTED the 14 day of March, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 13 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 14 DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, Social Services Director and Carl Byrd, Community Affairs Specialist CONTACT(S): Angelina Bernard, Community Services Coordinator SUBJECT: Consideration of Donation by the Ministerial Roundtable to the Faith Community Fund at the Department of Social Services BRIEF SUMMARY: The Ministerial Roundtable has generously donated a check in the amount of $1,025 to the Faith Community Fund to assist low income families with heating. The funds were collected at a recent Martin Luther King, Jr. Interfaith Church Service. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept and acknowledge the donation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Accept and acknowledge the donation. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 03/14/2011 14 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 15 DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield; Steering Committee Members Philip Gerard and Rhonda Bellamy CONTACT(S): Chairman Barfield SUBJECT: Presentation on Establishing an Arts Council for New Hanover County BRIEF SUMMARY: A Steering Committee of New Hanover County residents has worked with the NC Arts Council (Department of Cultural Resources) for over two years to identify arts assets in the county, understand the potential of the arts to benefit local communities and make recommendations for the creation of a local arts council. Steering Committee members will make a brief presentation about the economic growth and other benefits that will result from establishing an arts council in New Hanover County. The members will request that New Hanover County contribute funding to support a local arts council. The Steering Committee made a similar presentation to the City Council in January 2011. The City of Wilmington is considering an allocation of funds for an arts council but any allocation from the City will be contingent on New Hanover County also contributing funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation and consider request for establishing a local arts council and making a $50,000 contribution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and consider request. COMMISSIONERS' ACTIONS: A motion to deny the request for $50,000 for five years was approved 5 -0. Board of Commissioners Meeting 03/14/2011 15 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 16 DEPARTMENT: Governing Body PRESENTER(S): Dean R. Gattone, Cape Fear Museum Advisory Board Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board and Ruth Haas, Cape Fear Museum Director SUBJECT: Cape Fear Museum Advisory Board Annual Update BRIEF SUMMARY: The Cape Fear Museum Advisory Board will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: Cape Fear Museum Advisory Board Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 03/14/2011 16 -0 CAPE FEAR MUSEUM ADVISORY BOARD Number of Members: 12, which may include one County Commissioner Term of Office: Three years - may not serve more than two consecutive terms and cannot be reappointed until at least one year after the last term. Qualifications: Any County resident 18 years of age or older who has a sincere interest and commitment to the preservation of the history of the Lower Cape Fear region. Members shall be required to sign a conflict of interest agreement which will be provided in advance of their appointment. Compensation: None, but may be reimbursed for approved expenses incurred in performance of their duties. Regular Meetings: Third Wednesday of each month at 4:00 p.m. at the Museum, 814 Market Street. (No meeting in July) Functions: To develop necessary policies for the efficient and responsive operation of the Cape Fear Museum; to advise the Museum Director and staff on programs and exhibits; to advise the County Manager and County Commissioners concerning the operating and capital needs of the Museum; and to serve on relevant committees. In addition, Board members are expected to actively promote the Museum's programs, and to assist and participate in its programs, including efforts to solicit outside funding for the Museum. (Changed from board of trustees to an advisory board effective 8/4/2003 (Book 29 page 694). Board of Commissioners Meeting 03/14/2011 16 -1 -1 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Stuart Borrett First 6/21/10 6/30/2013 1806 Ann Street Wilmington, NC 28403 795 -7502 (C) 692 -2411 (W) R. Jack Bragg First 6/22/09 6/30/2012 3316 Amber Drive Wilmington, NC 28409 791 -1171 (H) 200 -5117 (C) Linda Fallon Chapman Unexpired 11/21/05 6/30/2008 131 Cannon Road First 6/16/08 6/30/2011 Wilmington, NC 28411 686 -5625 (H) Elizabeth (Beth) F. Dawson Unexpired 6/22/09 6/30/2010 422 Forest Hills Drive First 6/21/10 6/30/2013 Wilmington, NC 28403 762 -0766 (H) Dean R. Gattone, Chairman First 6/20/05 6/30/2008 3714 Grantham Court Second 6/16/08 6/30/2011 Wilmington, NC 28409 392 -0822 (H) 264 -2524 (C) Board of Commissioners Meeting 03/14/2011 16 -1 -1 CAPE FEAR MUSEUM ADVISORY BOARD (CONY.) Revised: 12/22/10 Board of Commissioners Meeting 03/14/2011 16-1-2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Dr. John H. Haley, Vice - Chairman Unexpired 1/24/05 6/30/2006 8703 Decoy Lane First 6/19/06 6/30/2009 Wilmington, NC 28411 Second 6/22/09 6/30/2012 686 -6555 (H) Dawn Rowe McKernan Unexpired 6/18/07 6/30/2008 5500 Toddlo Court First 6/16/08 6/30/2011 Wilmington, NC 28409 793 -9049 (H) 612 -1391 (C) Jack H. Mills Unexpired 7/24/06 6/30/2008 1004 Bay Head Circle First 6/16/08 6/30/2011 Wilmington, NC 28405 256 -8213 (H) Sandra J. Sheridan, Secretary Unexpired 7/20/09 6/30/2010 4600 Bentley Drive First 6/21/10 6/30/2013 Wilmington, NC 28409 799 -5541 (H) William H. Terrell Unexpired 9/20/04 6/30/2005 8640 Fazio Drive First 6/20/05 6/30/2008 Wilmington, NC 28411 Second 6/16/08 6/30/2011 686 -2376 (H) Allen N. Trask, III First 6/21/10 6/30/2013 2814 Hydrangea Place Wilmington, NC 28403 470 -8631 (H) 794 -4804 (W) Museum Associates, Inc. President: Tom Cunningham County Commissioner: Ted Davis, Jr. Appointed 12/20/2010 798 -7149 (NHC) 763 -6249 (W) Director: Ruth Haas File: /Museum Cape Fear Museum B/C #21- 12.10 814 Market Street Wilmington, NC 28401 798 -4350 Fax 798 -4382 Revised: 12/22/10 Board of Commissioners Meeting 03/14/2011 16-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 17 DEPARTMENT: Governing Body PRESENTER(S): William R. Trant, New Hanover County Youth Empowerment Services Advisory Board Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board and Kathy Stoute, Youth Empowerment Services Director SUBJECT: New Hanover County Youth Empowerment Services Advisory Board Annual Update BRIEF SUMMARY: The New Hanover County Youth Empowerment Services Advisory Board will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: NHC Youth Empowerment Services Advisory Board Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 03/14/2011 17 -0 NEW HANOVER COUNTY YOUTH EMPOWERMENT SERVICES ADVISORY BOARD Members: 9: 5 At -large members and 4 representatives from each of the following agencies: Southeastern Center, New Hanover County Schools, NC Department of Juvenile Justice and Delinquency Prevention, and New Hanover County Department of Social Services Term of Office: 3 years. Members may not serve more than two consecutive full terms and cannot be reappointed until at least one year after the last term. Purpose: To support the Youth Empowerment Services (YES) Department's focus on the participation of the youth, their family and community to assist the youth served in succeeding academically and behaviorally, thus resulting in yielding a productive member in society. The goals will be 1.) to provide a forum for the collection and expression of ideas and recommendations on matter relating to all four divisions of services; 2.) to promote communication and collaboration among the general public, other agencies, NHC departments, and administration; 3.) to advise on matters of community interest relating to the youth and services the department provides, as well as funding issues and other relevant local and state matters. Established by the Board of Commissioners 3/15/2010 after disbandment of the JDTC. Meetings: Regular monthly meetings are held on the third Wednesday of every other month at 3:00 p.m. at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC. Board of Commissioners Meeting 03/14/2011 17 -1 -1 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Angela Williams Lee Unexpired 1/19/10 4/30/10 316 Hibiscus Way First 5/17/10 4/30/13 Wilmington, NC 28412 352 -8425 (C) Zachery S. Mitcham First 4/20/09 4/30/12 6909 Eschol Court Wilmington, NC 28409 233 -2359 (H) Kenneth A. Nelson First 5/17/10 4/30/13 329 Wallington Road Wilmington, NC 28409 791 -1164 (H) 231 -5568 (C) Nicholas Silivanch Unexpired 9/20/10 4/30/11 4918 Lord Tennyson Drive Wilmington, NC 28405 515 -7969 (C) 208 -2139 (W) Mary Springer Unexpired 4/20/09 4/30/10 915 S. Seventh Street First 5/17/10 4/30/13 Wilmington, NC 28401 251 -1068 (H) Board of Commissioners Meeting 03/14/2011 17 -1 -1 YOUTH EMPOWERMENT SERVICES ADVISORY BOARD (CONY.) Revised: 2/10/11 Board of Commissioners Meeting 03/14/2011 17 -1 -2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: Southeastern Center: Amy Horgan Undesignated 2023S.17 th Street Wilmington, NC 28403 332 -6745 (W) NHC County Schools: Undesignated William R. Trant, Chairman 6410 Carolina Beach Road Wilmington, NC 28412 254 -4454 (W) NC Department of JJDP: John Kearney Undesignated 138 N. Fourth Street Wilmington, NC 28401 341 -7417 (W) NHC Department of Social Services: Undesignated Wanda Marino 1650 Greenfield Street Wilmington, NC 28401 798 -3476 (W) Director: Kathy Stoute File: /YES 138 N. Fourth Street B/C 9.10 Wilmington, NC 28401 798 -6493 (0) 341 -7494 (Fax) Revised: 2/10/11 Board of Commissioners Meeting 03/14/2011 17 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 18 DEPARTMENT: County Manager PRESENTER(S): Matt Jordan, CEO and Carey Disney Ricks, Public Relations & Information Officer, Cape Fear Public Utility Authority CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Cape Fear Public Utility Authority Update BRIEF SUMMARY: The Cape Fear Public Utility Authority will provide the County Commissioners an update on their capital improvement program initiative, specific projects, the rate study /rate study public work session, and their budget schedule. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 03/14/2011 18 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 19 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Long Range Planning Manager CONTACT(S): Shawn Ralston, Long Range Planning Manager SUBJECT: Consideration of Recommendation for Air Quality Consultant to Conduct Sulfur Dioxide Monitoring in New Hanover County BRIEF SUMMARY: In June 2010, the Environmental Protection Agency (EPA) announced that the National Ambient Air Quality Standard for Sulfur Dioxide (S02) was being strengthened from the previous standard of 140 ppb measured over 24 hours, to a new standard of 75 ppb measured over 1 hour. EPA also announced that it would be looking at S02 data monitored from 2007 -2009 to determine whether communities are in compliance with this new standard. If monitoring data shows S02 levels above the new standard, then EPA will designate the community as non - attainment for S02. The North Carolina Division of Air Quality (NCDAQ) operates and maintains an S02 ambient monitor in northwestern New Hanover County on US Highway 421. Data collected from that monitor from 2007 -2009 indicates a violation of EPA's revised S02 standard. As a result of this violation, NCDAQ is required to submit a recommendation to EPA in June 2011 recommending a geographic area surrounding the monitor for the non - attainment designation. The EPA's preferred method of determining the geographic boundary for a non - attainment area is to designate boundaries based on single or multiple county lines. However, some communities have been able to limit non - attainment designations to township lines if sufficient data exists to support a limited designation. Staff received bids from three qualified contractors for air quality monitoring services. At this time, we are proposing to utilize the expertise of URS to conduct additional S02 monitoring at locations in New Hanover County. The purpose of this monitoring will be to gather information to provide data to NCDAQ to make a case for limiting the size of the potential non - attainment area. Through this work, the contractor will generate S02 concentration contours for the County and will recommend townships to be designated as attainment areas for the S02 standard. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to proceed with entering into a contract with URS to conduct air quality monitoring for S02 at additional locations in New Hanover County. ATTACHMENTS: URS S02 Monitoring Proposal EPA S02 Fact Sheet Budget Amendment 11 -196 Board of Commissioners Meeting 03/14/2011 19 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Approved associated budget amendment 11 -196 by a vote of 5 -0. Board of Commissioners Meeting 03/14/2011 19 -0 oum 25 February 2011 New Hanover County Planning and Inspections Department Attention: Ms. Shawn Ralston, CFM 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Subject: Technical Approach and Cost Proposal to Provide Ambient Sulfur Dioxide Monitoring for New Hanover County Dear Ms. Ralston: URS Corporation —North Carolina is pleased to submit our firm, fixed price cost proposal in response to the above referenced project and your email request on 21 February 2011. Our proposal reflects the technical approach that URS would undertake to place two ambient sulfur dioxide monitors in New Hanover County to measure continuous emissions for a period of eight (8) weeks. Our proposal may be considered valid for a period of (60) days from the date of this letter. If you need additional information or wish to discuss any technical aspects of our proposal, please contact me or Mr. Sean Coury at 910/763 -8063. Sincerely, Will Breeden Project Manager cc: Sean Coury /URS Project File URS Corporation — North Carolina 201 N. Front Street, Ste. 509 Wilmington, NC 28401 Tel: 910.763.8063 Fax: 919.763.8289 www.urscorp.com Board of Commissioners Meeting 03/14/2011 19 -1 -1 ,t1 is \i ss1 \'i 111�1il s�2 \h!'t Proposal to Provide Sulfur Dioxide Ambient Air Quality Monitoring and Consulting Services New Hanover County, North Carolina 1.0 PROJECT BACKGROUND and OBJECTIVE On June 2" 2010 the Environmental Protection Agency (EPA) strengthened the National Ambient Air Quality Standard (NAAQS) for Sulfur Dioxide (S02). The new standard was designed to protect public health and was revised to a level of 75 parts per billion (ppb) measured over 1 -hour. The previous primary standards were 140 ppb measured over 24 -hours and 30 ppb measured over an entire year. The North Carolina Division of Air Quality (NCDAQ) operates and maintains an S02 ambient monitor in northwestern New Hanover County (located on US Highway 421). The data from that monitor indicates a violation of the new S02 NAAQS based on data from 2007 -2009. The purpose of this proposal is to develop and implement a Sulfur Dioxide ambient monitoring campaign to gather information to provide backup information to the NCDAQ to make a case for limiting the size of the potential non - attainment area in New Hanover County. 2.0 PROPOSED TECHNICAL APPROACH Figure 1. New Hanover County Townshi sand Municipalities Townships p URS' approach for executing the requirements under this SOW are detailed below, along with the milestones and staff proposed to achieve the element's goals. Siting Analysis The Environmental Protection Agency's (EPA) preferred method of determining non - attainment designations is to designate areas by county. Areas facing non - attainment designations have been able to limit non - attainment designations to township if there is sufficient data to support a limited designation. For planning purposes, (see Figure 1), New Hanover County is comprised of four townships (Cape Fear, Harnett, Masonboro, and Federal Point townships) and four municipalities (towns of Wrightsville Beach, Carolina Beach, and Kure Beach, and City of Wilmington) . The current S02 monitor (US 421 monitor) is located within the Cape Fear Township, which contains those county areas bordering the Cape Fear River and Northeast Cape Fear River north of the city limits of Wilmington. This township is home to the majority of S02 point sources in New Hanover County, which are located along US 421 and also east of the Castle Hayne -1- Board of Commissioners Meeting 03/14/2011 19-1-2 communit Based on data from the current monitor, URS assumes tha at a minimum,,, the Cape Fear Township will be desi -:is -:I, non-attainment a rea: . URS revie-vved the cit and cowity's land tise plannin and zonincT m to dtiter -nine if areas within the other townshi should be ellininated from the monitorin campai Townships that do not have an industrial. one areas were eliminated as potential. area to place a monitor, due to the lack of potential S02 sources. Towns and townships that do not have industrial zoned areas are the Federal Point Township and the towns of Wri Beach Carolina, Beach and Kure Beach. Remainin Townships in New Hanover Count that have Industrial zoned areas are the Masollboro Toiviiship, Hamett Township, and the Cit of Wilmin Fi 2. Current and Proposed New Hanover Count SO2 Monitors -tive A 611 PA 5 A rorm me Proposed N .Mr R Am 0", Based on the aforementioned anal-vsis, URS recommends that two additional S02 monitors be placed iii New Hanover Count to demonstrate the g eo g raphic extent of the amblent air q uall'tv violation. Additionally, URS recommends that S02 data collected by NCDA in 2005 'located near Castle Ha be used in cot- with data collected from this Monitorin campai The current and proposed monitorin locations are depleted in Fi 2. URS proposes that one mortitor be placed in the Harnett Township Board of Commissioners Meetin 03/14/2011 19-1-3 ,t1 is \i ss1 \'i 111�1illtl1t�'! hN IKIK near the border of the city of Wilmington (Harnett monitor) and one monitor be placed in the Masonboro Township (Masonboro monitor). URS believes that it is more beneficial to place monitors at two new locations and use historic data already collected from the Castle Hayne monitor to increase the spatial variation of ambient data collected. While specific siting is negotiable, URS anticipates siting the monitors at a location of city, county, or state property that is climate conditioned, reasonably secured, and readily accessible for URS technicians to calibrate monitors and download data twice weekly. Preliminary siting locations include either the Fire Department or the CFPUA maintenance facility located beneath the water tower in Ogden (Harnett Township), and the City of Wilmington's Stormwater Services building located adjacent to the Masonboro Township. Testing and Monitoring Protocol to NCDAQ URS will prepare a testing and monitoring protocol for submittal to NCDAQ. The protocol will include the following: background, objectives, sampling design, sampling method, data handling, and reporting. Equipment and Installation URS will provide and install temporary monitoring station systems and perform ambient monitoring for sulfur dioxide at the two identified locations utilizing the ambient air quality monitoring reference method provided in 40 CFR 50 Appendix A -1. Guidelines for the test methods and monitoring system components will follow the EPA Quality Analysis Handbook for Air Pollution Measurement Systems; Volume II, Ambient Air Quality Monitoring Programs as it applies to monitoring for ambient levels of sulfur dioxide. Each monitoring location will be located on county property and will require the use of two separate 110V 20 amp dedicated power circuits for the duration of the test program. Monitoring locations should include the appropriate security so as to provide uninterrupted operation for the duration of the sampling effort. Monitoring locations provided by the county must include a temperature controlled enclosure maintained at between 20 and 30 degrees centigrade for the entire period of the sampling event. URS will require uninhibited access (during normal working hours) to the monitoring locations for the duration of the monitoring program to service and maintain the systems properly. Monitoring and Data Management URS will visit each monitoring location twice per calendar week to perform manual calibrations of the sulfur dioxide monitors, obtain data dumps of monitoring data and temperature logs, and confirm that the systems are operating properly. Analysis (optional) URS recognizes that there are challenges with comparing two -to -three months of monitoring data with a standard that requires three years of data to be considered. Furthermore, it is expected that the sampling campaign will occur during the spring, so -3- Board of Commissioners Meeting 03/14/2011 19-1-4 ,t1 is \i ss1 \'i 111�1il s�2 \h!'t potential seasonal impacts will not be addressed. Therefore, URS recommends that a statistical comparison be conducted, comparing the data collected from the Masonboro monitor and Harnett monitor with data that is collected from the 421 monitor. Additionally, URS recommends that historical ambient SO2 monitoring data collected from the NCDAQ operated monitoring location in Castle Hayne during the 2005 calendar year be included in the analysis. URS proposes to utilize Hybrid Single Particle Lagrangian Integrated Trajectory (HYSPLIT) modeling to compute 24 -hour back trajectories. Data will be excluded from further analysis for days that show a significant spatial variance between the 421 monitor and the Harnett monitor or the Masonboro monitor. Assuming data is made available by NCDAQ, a similar analysis will be conducted for the 2005 monitoring data collected at the Castle Hayne location. The remaining data will be used to generate three clusters of data. One cluster will be generated for a representative air mass that flows between the 421 monitor and the Masonboro monitor, another cluster will be generated for a representative air mass that flows between the 421 monitor and the Hamlet monitor, and a third cluster will be generated for a representative air mass that flows between the 421 monitor and the Castle Hayne monitor. The clustered data will be analyzed to identify statistical trends and sources of sulfur dioxide in the New Hanover County region. Based on the statistical analysis, URS will generate sulfur dioxide concentration contours for New Hanover County and recommend Townships to be designated as Attainment areas for the SO2 NAAQS 1 -hr standard. 3.0 DELIVERABLES AND SCHEDULE (Schedule assumes an 8 -week observation period) Deliverable Days from Contract Award Monitoring and test protocol to DAQ 5 Placement of monitors 14 DRAFT observation data available weekly to County 21, 28, 35, 42, 49, 56, via Secure FTP 63,72 Monthly summary of observation results 28,72 Final table of observation results 72 Optional deliverables • Report of statistical comparison of 421 monitor 86 to Harnett monitor, Masonboro monitor, and Castle Hayne monitor • Presentation to County 93 -4- Board of Commissioners Meeting 03/14/2011 19-1-5 ,t1 is \ \} ss1 \'i 111�!!l s�2 \h!'t 4.0 COST ESTIMATES URS is pleased to present our firm, fixed price cost estimate below. Task Category Project Administration Project Manager Project Administrator Protocol Development and Submission Environmental Engineer Environmental Engineer Equipment and Initial Installation Senior Technician Environmental Engineer Junior Technician Monitoring, Calibration and Data Management Junior Technician Environmental Engineer Analysis (optional) Environmental Engineer Meteorologist Loaded Rate $138.50 $41.60 $112.50 $112.50 $101.40 $112.50 $50.00 $50.00 $112.50 $112.50 $65.00 Qty /Hours Cost 4 $554.00 4 $166.40 2 $225.00 10 $1,125.00 12 $1,216.80 12 $1,350.00 12 $600.00 96 $4,800.00 10 $1,125.00 45 $5,062.50 30 $1,950.00 Total Labor Costs I Non -labor costs S02 CEMS Temperature data logger Mileage Consumable supplies (swagelock, tubing, etc.) Fee on direct costs Total Non -Labor Costs TOTAL COST $7,775.00 $129.00 $0.51 $1,000.00 $18,174.70 4 $31,100.00 2 $258.00 640 $326.40 1 $1,000.00 10% $3,168.44 $35,852.84 $54,027.54 11 -5- Board of Commissioners Meeting 03/14/2011 19 -1 -6 FACT SHEET REVISIONS TO THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD, MONITORING NETWORK, and DATA REPORTING REQUIREMENTS for SULFUR DIOXIDE SUMMARY OF ACTION • On June 2, 2010, EPA strengthened the primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02). The revised standard will improve public health protection, especially for children, the elderly, and people with asthma. These groups are susceptible to the health problems associated with breathing 502. • EPA is revising the primary SOZ standard by establishing a new 1 -hour standard at a level of 75 parts per billion (ppb). EPA's evaluation of the scientific information and the risks posed by breathing S02 indicate that this new 1 -hour standard will protect public health by reducing people's exposure to high short-term (5- minutes to 24- hours) concentrations of 50 • The Agency is revoking the two existing primary standards of 140 ppb evaluated over 24- hours, and 30 ppb evaluated over an entire year because they will not add additional public health protection given a 1 -hour standard at 75 ppb. Also, there is little health evidence to suggest an association between long -term exposure to S0 and health effects. • EPA is not revising the secondary S02 NAAQS, set to protect public welfare (including effects on soil, water, visibility, wildlife, crops, vegetation, national monuments and buildings). EPA is assessing the need for changes to the secondary standard under a separate review. • EPA estimates that the revised standard will yield health benefits valued between $13 billion and $33 billion, including reduced hospital admissions, emergency room visits, work days lost due to illness, and cases of aggravated asthma and chronic bronchitis, among other benefits. • The revised S02 standard includes a new "form." The form is the air quality statistic that is compared to the level of the standard to determine if an area meets the standard. The new form is the 3 -year average of the 99 percentile of the annual distribution of daily maximum 1 -hour average concentrations. • EPA is also revising the ambient air monitoring requirements for 502. States will need to make adjustments to the existing monitoring network in order to ensure that monitors meeting the network design regulations for the new 1 -hour S02 standard are sited and operational by January 1, 2013. • EPA is describing an anticipated approach for implementing the new 1 -hour S02 standard Board of Commissioners Meeting 03/14/2011 19-2-1 that would use monitoring and refined dispersion modeling of SO sources to determine compliance with the new standard. • This final rule also changes the Air Quality Index to include the revised S0 standard. SO2 AND PUBLIC HEALTH Current scientific evidence links health effects with short-term exposure to SO ranging from 5- minutes to 24- hours. Adverse respiratory effects include narrowing of the airways which can cause difficulty breathing (bronchoconstriction) and increased asthma symptoms. These effects are particularly important for asthmatics during periods of faster or deeper breathing (e.g., while exercising or playing). • Studies also show an association between short -term SO exposure and increased visits to emergency departments and hospital admissions for respiratory illnesses -- particularly in at- risk populations including children, the elderly and asthmatics. EPA's National Ambient Air Quality Standard for S0 is designed to protect against exposure to the entire group of sulfur oxides (SO S0 is the component of greatest concern and is used to represent the larger group of gaseous sulfur oxides. Other gaseous sulfur oxides (e.g., S0 are found in the atmosphere at concentrations much lower than SO Emissions that lead to high concentrations of SO2 generally also lead to the formation of other SO Control measures that reduce SO can generally be expected to reduce people's exposure to all gaseous SO Reducing SO emissions is expected to have the important co- benefit of reducing the formation of fine sulfate particles that pose significant public health threats. SO can react with other compounds in the atmosphere to form small particles. These small particles penetrate deeply into sensitive parts of the lungs and can cause or worsen respiratory disease, such as emphysema and bronchitis, and can aggravate existing heart disease, leading to increased hospital admissions and premature death. EPA's NAAQS for particulate matter are designed to provide protection against exposures that cause these health effects. REVISING THE SO MONITORING NETWORK In the final rule, EPA is requiring fewer monitors than proposed, because the Agency plans to use a hybrid approach combining air quality modeling and monitoring to determine compliance with the new SO2 health standard. • For a short -term 1 -hour SO standard, it is more technically appropriate, efficient, and effective to use modeling as the principal means of assessing compliance for medium to larger sources, and to rely more on monitoring for groups of smaller sources and sources not 2 Board of Commissioners Meeting 03/14/2011 19 -2 -2 as conducive to modeling. Such an approach is consistent with EPA's historical approach and longstanding guidance for 502. EPA is setting specific minimum requirements that inform states on where they are required to place S02 monitors. Approximately 163 S0 monitoring sites nationwide are required by this rulemaking. The final monitoring regulations require monitors to be placed in Core Based Statistical Areas (CBSAs) based on a population weighted emissions index for the area. The final rule requires: 3 monitors in CBSAs with index values of 1,000,000 or more; 2 monitors in CBSAs with index values less than 1,000,000 but greater than 100,000; and 1 monitor in CBSAs with index values greater than 5,000. • During 2009, approximately 470 S02 monitors were operating in the network. Some of these existing S0 monitors meet the siting requirements of this rule. EPA currently estimates that 41 new monitoring sites will need to be established, nationwide. States may, with EPA approval, relocate some of the existing S0 monitors. • All newly sited S0 monitors must be operational by January 1, 2013. • EPA is also making changes to data reporting requirements for 50 State and local agencies are required to report two data values for every hour of monitoring conducted: the 1 -hour average S0 concentration; and the maximum 5- minute block average S0 concentration of each hour. • EPA Regional Administrators have the authority to require additional monitoring in certain circumstances, such as in areas with S0 sources that are not conducive to modeling, areas with multiple S02 sources with overlapping plumes, or in areas with susceptible and vulnerable populations. ANTICIPATED APPROACH TO IMPLEMENTING THE NEW SO2 STANDARD • In addition to revising the S0 primary standard and finalizing associated ambient air quality monitoring requirements, EPA is providing initial guidance on its plan for implementing the new 1 -hour S 0 standard. • EPA plans to use refined dispersion modeling to determine if areas with sources that have the potential to cause or contribute to a violation of the new S0 standard can comply with the standard. Dispersion modeling simulates how air pollutants spread throughout the atmosphere and is used to estimate the concentration of air pollutants from sources such as industrial plants or highways. Board of Commissioners Meeting 03/14/2011 19 -2 -3 • EPA intends to complete designations within two years of promulgation of the revised SO2 standard (June 2012.) • EPA anticipates initially designating areas based on 2008 -2010 monitoring data, or refined dispersion modeling results if provided by the state. Areas which violate the standard would be designated as " Areas that have both monitoring data and appropriate refined modeling results showing no violations would be designated as "attainment." All other areas would be designated as "unclassifiable." • States with areas designated nonattainment in 2012 would need to submit state implementation plans (SIPS) to EPA by early 2014 outlining actions that will be taken to meet the standards as expeditiously as possible, but no later than August 2017. • For all other areas, states would need to submit to EPA "maintenance" or infrastructure SIN by June 2013, 3 years following the promulgation of the new SO standard. EPA expects these state plans would: ➢ demonstrate, through refined air quality modeling, that all sources contributing to monitored and modeled violations of the new standard, or that have the potential to cause or contribute to a violation, will be sufficiently controlled to ensure timely attainment and maintenance of the new S 0 standard; ➢ account for SO2 reductions that would result from compliance with national and regional regulations, including emissions controls for electric utilities and industrial boilers; and ➢ include as necessary, enforceable emissions limitations, timetables for compliance, and appropriate testing /reporting to assure compliance. EPA believes that these areas should plan to demonstrate attainment and maintenance of the standard as expeditiously as possible, but no later than August 2017, the date nonattainment areas must meet the standard. • EPA intends to issue guidance on conducting refined air quality dispersion modeling and implementing the new SO standard. Examples of the issues that this guidance will address include how to translate the modeling results into a form appropriate for comparison to the new standard, and how to identify and appropriately assess the air quality impacts of SO sources that may potentially cause or contribute to a violation of the new standard. EPA will provide an opportunity for public comment on the guidance before issuing it in final form. • EPA will be making designations for all areas in the country, both for state lands and for Indian country. Unlike states, tribes are not obligated to submit designation recommendations but are invited to participate in the designations process by submitting a designation recommendation for Indian country and /or by engaging in formal or informal consultation with EPA and states. • EPA also is finalizing a strategy for maintaining public health protection during the transition from the existing SO2 standard to the revised SO2 standard. Inmost areas, the 1 -hour and annual SO2 standards will remain in effect for 1 -year after designations for the new 1 -hour standard take effect. For areas currently designated nonattainment for SO2 or with 4 Board of Commissioners Meeting 03/14/2011 19 -2 -4 unresolved issues relating to their plans to attain and maintain the standards, the existing standards will remain in effect until they submit and EPA approves a plan meeting the requirements of the new 1 -hour standard. • Areas that do not comply with the standard will likely use a combination of source - specific, statewide and national control measures to reduce S02 emissions. BACKGROUND The Clean Air Act requires EPA to set national ambient air quality standards for especially widespread air pollutants listed by EPA, often called "criteria pollutants." Currently, sulfur oxides and five other major pollutants are criteria pollutants. The others are ozone, lead, carbon monoxide, nitrogen oxides, and particulate matter. The law also requires EPA to review the standards periodically and revise them if appropriate to ensure that they provide requisite health and environmental protection, and to update those standards as necessary. Sulfur dioxide is one of a group of highly reactive gasses known as "oxides of sulfur." The largest sources of S0 emissions are from fossil fuel combustion at power plants (73 percent) and other industrial facilities (20 percent). Smaller sources of S0 emissions include industrial processes such as extracting metal from ore, and the burning of high— sulfur fuels by locomotives, large ships, and non -road equipment. S0 is linked with a number of adverse effects on the respiratory system. • EPA first set NAAQS for S0 in 1971. EPA seta 24 -hour primary standard at 140 ppb and an annual average standard at 30 ppb (to protect health). EPA also seta 3 -hour average secondary standard at 500 ppb (to protect public welfare). • The last review of the S02 NAAQS was completed in 1996 and the Agency chose not to revise the standards at that time. • In the last review, EPA also considered, but did not set, a 5- minute S02 NAAQS to protect asthmatics at elevated ventilation rates from bronchoconstriction and other respiratory symptoms associated with 5 -10 minute peak concentrations of 50 • The decision not to set a 5- minute standard in 1996 was challenged successfully by the American Lung Association and remanded back to EPA in 1998; no formal action with regard to the remand has been taken until this final rule. • Under a judicial consent decree, EPA completed this review of the primary S0 standard on June 2, 2010. The current review focuses only on the primary S02 standard. EPA is addressing the secondary standard for S02 as part of a separate review. • Currently, there are several areas designated as nonattainment for the primary S0 NAAQS, although none of them currently exceeds the standards. There is also one area in Montana 5 Board of Commissioners Meeting 03/14/2011 19 -2 -5 that must revise its State Implementation Plan to address emissions that ma be contributin to violations of the standard. • This revised primar standard for S02 is consistent with the advice and recommendations of EPA's principal independent science advisors on National Ambient Air Qualit Standards: the Clean Air Scientific Advisor Committee. FOR MORE INFORMATION • To download a cop of the final rule, g o to EPA's Web site at: http://www.epa. • Toda rule and other back information are also available either electronicall at htt-p-:// , EPA's electronic public docket and comment s or in hardcop at the EPA Docket Center's Public Readin Room. (Docket ID No. EPA-H OAR-2007-0352) • The Public Readin Room is located in the EPA Head Room Number 3334 in the EPA West Buildin located at 1301 Constitution Avenue, NW, Washin DC. Hours of operation are 8:30 a.m. to 4:30 p.m. eastern standard time, Monda throu Frida excludin Federal holida • Visitors are re to show photo identification, pass throu a metal detector, and si the EPA visitor lo All visitor materials will be processed throu an X-ra machine as well. Visitors will be provided a bad that must be visible at all times. 6 Board of Commissioners Meetin 03/14/2011 19-2-6 AGENDA: March 14, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -196 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -196 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Planning and Zoning /Finance /Nondepartmental Expenditure: Decrease Increase Planning and Zoning: Contract Services $54 Finance/Nonde artmental: Contingencies $54 Total $54 $54 Revenue: Decrease Increase Total Section 2: Explanation To budget for Consultant to conduct air quality monitoring for sulfur dioxide at additional locations in New Hanover County. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies balance is $376,218. 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 11 -196, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 03/14/2011 19 -3 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 20 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Current Planning & Zoning Manager CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Conditional Rezoning Request (Z -908, 11 /10) - Request by Thomas H. ,Johnson, ,Jr. with Nexsen Pruet, PLLC and Ryan Foster with Flournoy Development, on Behalf of Bayshore Estates, Inc., to Rezone 26.10 Acres at 7910 Market Street from B -2 Commercial District and R -15 Residential District to CD (R -15) Conditional District for the Purpose of Developing a High Density 260 -Unit Apartment Complex BRIEF SUMMARY: This proposal was originally heard on December 6, 2010 and continued by the Board so that the applicant might consider modifications. Certain modifications have been made as outlined in the revised Staff Summary. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff supports approval. (Conditional Rezoning is a two -part approval.) Motion #I- Approve the request to rezone 26.1 acres from R -15 and B -2 to Conditional District(R -15) to accommodate high density residential development, based on the following statement: The proposal is consistent with the Transition land classification in the 2006 CAMA Land Use Plan, and it is reasonable and in the public interest because public utilities are available to serve the site, the proposal avoids wetlands, stormwater management improvements will be required, and transportation improvements will be installed to offset traffic impacts. Motion #2 - Approve the special use permit based on positive findings of fact included in the case file and based on the revised site plan and conditions as presented. ATTACHMENTS: Z -908 Revised Staff Summary Z -908 Revised Petition Sumamry Z -908 Adjacent Property Owner Map Z -908 Revised Application package Z -908 TIA Approval Letter Board of Commissioners Meeting 03/14/2011 20 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: A motion to deny the rezoning was approved, Chairman Barfield and Commissioner Catlin dissenting. Board of Commissioners Meeting 03/14/2011 20 -0 CASE: Z -908, 11 /10 PETITIONER: REQUEST: ACREAGE: LOCATION: LAND CLASS: Thomas H. Johnson, Jr. with Nexsen Pruet, PLLC on behalf of Bayshore Estates, Inc. From R -15 and B -2 to CD(R -15) for high density residential- 260 units Approximately 26.1 acres 7910 Market Street Transition and Watershed Resource Protection PLANNING BOARD ACTION: At its November 4, 2010 meeting the Planning Board voted 5 -0 to recommend approval of the CD R -15 rezoning. Several residents of neighboring subdivisions, including Bay Shore Estates, Marymount Townhomes, and Marsh Oaks, spoke in opposition, citing traffic and safety concerns, as well as stormwater and future buffering concerns, lighting, and potential smells from the trash compactor. The County Commissioners continued this item from their December 6, 2010 meeting in order to provide the applicant the opportunity to address concerns of the adjacent property owners and Board. On February 15, 2011 concerns were addressed with the submission of an updated High Density Development Concept Plan. Concessions addressed in the revision include: 1. A reduction in the overall number of units from 270 to 260, with the decrease of Building 11 from a three story to a two story structure. 2. Removal of a stormwater pond between Marymount and Building 11 and the preservation of existing trees. 3. Increasing the setback of Building 11 five more feet from the property line. 4. Reducing the parking lot size, with the removal of 10 parking spaces, originally allocated for the 10 units on the third story of Building 11. 5. Relocating the trash compactor, minimizing the effects on adjacent Marsh Oaks and Marymount Townhome residents. 6. Commitment on behalf of the developer to construct improvements to Market Street, as outlined by the MPO and DOT. 7. Installation of a five foot sidewalk along the property frontage on Market Street. 8. Removal of twenty feet, contiguous to the boundary of the commercial properties, from the rezoning request. Reducing the total acreage of the proposal from 26.6 to 26.10 acres. The property removed from the proposal will remain as a buffer between the project and the adjacent commercial zoning. Z -908 (11 /10) CC Version Page 1 of 6 Board of Commissioners Meeting 03/14/2011 20 -1 -1 STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition and Watershed Resource Protection on the 2006 CAMA Land Classification map. The property is accessed from Market Street, an urban principle arterial roadway and Marsh Oaks Drive, a collector street. Traffic counts on Market Street, slightly North of the proposal between Sweetwater Dr and Market St, have decreased from 38,689 (2009) to 34,850 (2010). Market Street has a 2007 Level of Service of F, meaning traffic counts exceed the capacity of the roadway by a multiplier of two or more. Historical traffic counts and planning levels of service are not available for Marsh Oaks Drive. A comprehensive study of the Market Street Corridor has recently been completed and is now filtering into the decision - making process. If adopted, the study recommendations provide for better coordination of transportation and land use in the corridor to increase safety and improve the character of the corridor. This proposal is located in a designated "focus area" within the study. However, staff has not relied on the study in our analysis because it has not been officially endorsed at this point. The property is bordered on the north and west by Marsh Oaks Drive, Market Street and an outparcel containing commercial uses. To the east is a combination of townhomes and single family dwellings. The subject property is located in the Pages Creek watershed drainage area which is classified SA: HQW 303(d). There are a variety of soils located on site, including: Class I, Kureb and Rimini soils, with suitable /slight limitation; Class III, Lynn Haven Fine Sand and Leon soils, imposing severe limitations, requiring modification and intensive maintenance; and Class IV, Dorovan soils, which are unsuitable. Land Use Plan Considerations: Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. In this case, the conditional district serves to consolidate the underlying zoning designations as relates to the high density proposal. Anticipated build - out of the project is 2014. The 2006 CAMA Land Use 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 services is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Residential development can exceed the 25 percent impervious surface limit and density limits of 2.5 units per acre within the Transition area provided the development is Z -908 (11 /10) CC Version Page 2 of 6 Board of Commissioners Meeting 03/14/2011 20-1-2 adequately designed to be compatible with existing and proposed surrounding land uses and is served by: 1. Sewer -the development shall be served by City or County sewer systems. 2. Municipal or County water system- the development shall be served by City or County water systems or a private water system constructed in accordance with City of Wilmington standards. 3. Direct access to a minor arterial or larger access road, as classified under the Wilmington Metropolitan Roadway Functional Classification Map -the development may be required to fully provide or to share in the cost of the provision of roadway improvements needed to adequately serve the proposed development and community in general. The site is located off Market Street and is currently vacant, wooded land with many mature trees. The owner intends to subdivide the property to create an independent commercial parcel of 3 acres at the intersection of Market Street and Marsh Oaks Drive. The remaining 26.10 acres are proposed to be developed into a high density apartment development. The Concept Plan shows 260 units total, consisting of a combination of ninety -one (91) one bedroom; one hundred twenty -seven (127) two bedroom; and forty- two (42) three bedroom. The infrastructure to support the project is not yet in place. Applicant proposes to connect the development to the Country Haven Pump Station; however, until current pump station upgrades are completed, additional capacity will not be available. The upgrade is scheduled to be completed in the summer of 2011. The traffic impact analysis (TIA) indicated trip generation of approximately 1,760 vehicles per day, with a. m. peak hour trips at 136 and p.m. peak hour traffic around 166 vehicles. The reduction in total units from 270 to 260 is estimated to reduce the overall site trips per day by 61. At build -out, the analysis projects level of service (LOS) for westbound traffic at the intersection of Marsh Oaks and Market Street to experience a change from LOS D to E in both the morning and evening peaks hours. Other directional flows maintain LOS C or above at buildout. Required improvements outlined in the approval of the TIA include: 1. Construction of a northbound right -turn lane on Market Street with 100 feet of full storage with 50 feet of deceleration and taper to accommodate the proposed Market Street drive; 2. Construction of a concrete median island on Market Street for a distance of approximately 950 feet from the intersection of Market Street /Marsh Oaks Drive and an additional 75 feet of painted island on Market Street; 3. Provide additional pavement near Mendenhall Drive to accommodate southbound u -turn movements; 4. Provide right -of -way dedication for the right turn lane; and 5. Combine the two site driveways into a single access. Z -908 (11 /10) CC Version Page 3 of 6 Board of Commissioners Meeting 03/14/2011 20 -1 -3 Staff supports the rezoning portion of the request because changing the strip of B -2 commercial to R -15 residential use is not in conflict with County land use policies and because the additional acreage is needed in that location to provide adequate access to Market Street with the least impact to wetlands and to Marsh Oaks Drive for important secondary access. ACTION #1 NEEDED: (Approve, deny, continue) 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 its 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 for approval: The County Commissioners find that this request for zoning map amendment from R -15 and B -2 commercial district to Conditional District CD(R -15) as described is: 1. Consistent with the purposes and intent of the Transition and Resource Protection classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 5.0 acres of B -2 commercial property and combining it with 21.1 acres of R -15 residential property in order to develop 260 high density residential apartment units when all infrastructure connections and improvements are installed, and subject to the site plan for the companion special use permit. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS IDENTIFIED THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities will serve the site. The CFPUA has stated that sewer capacity is adequate to serve the 260 units but will not be accessible until an upgrade to the Country Haven pump station is completed in the summer of 2011. B. Fire Service is provided by the Ogden Fire Department. C. The property is not located in a flood hazard area. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and is proposed to be accommodated in ponds at various locations around the site. E. A traffic impact analysis (TIA) indicates trip generation of approximately 1,760 vehicles per day, with a.m. peak hour traffic of 136 vehicles and p.m. peak hour traffic around 166 vehicles. At build -out, westbound level of service is projected to decline from existing LOS D to LOS E. F. Approval of the TIA outlines a variety of roadway improvements that will be required to mitigate negative impacts of the proposal. Z -908 (11 /10) CC Version Page 4 of 6 Board of Commissioners Meeting 03/14/2011 20-1-4 G. There will be two driveways to access the property; one from Market Street, restricted to right in -right out only and the other from Marsh Oaks Drive. H. The project is located in the Pages Creek drainage area. Pages Creek is classified as SA: HQW 303(d) 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 26.1 acre site is currently undeveloped land with zoning being a combination of approximately 21.1 acres of R -15 residential and approximately 5.0 acres of B -2 commercial. Based on the existing residential acreage, the maximum density permitted by right for this property would be 53 units (2.5 units per acre). B. This request is made concurrent with conditional rezoning to CD(R -15), rezoning 5.0 acres from B -2 commercial to add to the existing 21.1 acres of R -15 residential for high density residential development of 10.2 units per acre (260 apartment units). C. Conditional zoning districts are designed for firm development proposals and not for tentative development. The stated goal of this project is for build -out by 2014. D. The required community information meeting for this proposal was on October 4, 2010. A second community meeting was voluntarily provided on October 27, 2010 to further discuss comments from the first meeting and to include a wider array of community members. E. A traffic impact analysis has been provided. F. Parking is proposed at 556 spaces, which includes two (2) spaces per apartment unit and an additional 8 spaces for office use, plus 28 spaces for the clubhouse area. G. Buffers on the site plan are consistent with Sec. 67 -4(4), the Conservation Overlay District, and the Special Highway Overlay District. H. Open space is proposed at about 16.3acres or 61.3 %, which exceeds the minimum requirement of 35%. I. Improved recreational space is proposed at about 6.7 acres or 25.2 %, which exceeds the minimum requirement of 15 %. J. Final review and approval by the Technical Review Committee must be completed prior to commencing any development activity on the site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. At the November Planning Board meeting, adjacent property owners expressed an opinion that the project would injure the value of their property; however, an opinion was offered by a certified real estate appraiser that the proposal would not have a negative impact on adjacent residential property values. B. Surrounding property includes townhomes, single family residential and commercial development. 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 Z -908 (11 /10) CC Version Page 5 of 6 Board of Commissioners Meeting 03/14/2011 20-1-5 in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Update of the Joint CAMA Plan encourages higher density development to be located in urban transition areas where public services are already in place. It also recommends preservation of conservation areas, such as Watershed Resource Protection. B. This parcel is located within two land classifications. The majority of the property is located within the Transition classification, which was created to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. A small southeastern portion of the property is classified as Watershed Resource Protection, which is a subclass that occurs along the tidal creeks and is defined as the area within 1 /2 mile of the 100 - year flood plain for those creeks. C. At the November Planning Board meeting, home owners from the surrounding area expressed their opinion that the proposal was not compatible with their single- family neighborhoods. Staff Comments: Staff feels the special use findings for high density residential use are positive subject to final approval by the Technical Review Committee and subject to installation of all traffic improvements outlined in the November 12, 2010 letter of approval for the Traffic Impact Analysis. The improvements are designed to mitigate the impacts of additional traffic in the area and will be consistent with existing plans for improvements along Market Street. The proposal meets the technical standards for high density of 10.2 units per acre in an R -15 zoning district situated in a Transition land classification. Buffers on the concept plan are designed to mitigate visual impacts on adjoining properties and are consistent with Landscaping Sec. 67 -4(4), the Conservation Overlay District Sec. 59.4, and the Special Highway Overlay District Sec. 59.6. ACTION # 2 NEEDED: 1. Motion to Approve based on the findings of fact (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Z -908 (11 /10) CC Version Page 6 of 6 Board of Commissioners Meeting 03/14/2011 20 -1 -6 Case: Z -908 (11 /10) Rezone 26.1 acres from R- 15 /B -2 to CD (R -15) Petition Summary Data 7910 Market Street Owner/Petitioner: Thomas H. Johnson, Jr. (Nexsen Pruet) and Ryan Foster (Flournoy) on behalf of Bayshore Estates, Inc. Existing Land Use: Residential /Commercial Zonin _ History: Area 8B (July 7, 1972) Land Classification: Transition and Watershed Resource Protection Water Type: Public Sewer Tyke: Upgrading Country Haven Pump Station (Summer 2011) and will provide Public sewer Recreation Area: Ogden Park Access &Traffic Volume: Market Street (urban principle arterial) The ADT on Market Street, slightly North of the proposal between Sweetwater Dr and Market St, have decreased from 38 (2009) to 34,850 (2010). Fire District: Ogden Fire Department (OFD) Watershed &Water Quality Classification: Pages Creek; SA: HQW 303(d) Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: Front portion of property is located in the Special Highway Overlay District (S.H.O.D). Soils: Dorovan soils, Leon sand, Lynn Haven fine sand, Rimini sand, 1 to 6 percent slopes, and Kureb sands, 1 to 8 percent slopes. Septic Suitability: Kureb and Rimini sands are Class I soils with suitable /slight limitation; Lynn Haven fine sand and Leon soil are Class III soils and have severe limitations; requiring extensive modification and intensive maintenance; and Dorovan soils are Class IV and are Unsuitable. 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" <5, .55;`555, 5 `5 =55, o c� J � , 5555. � � 5555 5� 55 �� O � ; ; ;�; tiititi555 u � 5 y ' 555 , 5 5, y5 G ♦ �,, ;, 5y � y >5 y , 55 5 w `5555, >5, 5 55y5 55 . 5, =55 =55 •5 55, `55 55, titi.,k .. 55h5. `55.•55.. v 5, `t ��d • N IO� M NN,, 5 cyQ, ♦ ;Qv.5 5. 555 r_ 5y Qf 0� M 5 "55 y 5 5555 5 555 5 r `y 5 b ♦ /b � 5 cy6, ♦ N �♦ cm N Ln m Nq r � m �d 1 '♦ > m O ` ♦♦ a _ �♦ N ♦`. c� t ♦ m N T 0 U) v c oo 1 N 'C O p a; o ♦ ♦♦ „ni c rn Cn N N L v� +� O ■ ■ 0 j 0 0 L m mp ,�: a _ 'n d CO O � ♦, v m T— t0 i: z O 4- �� QV ♦ 0 6 a � N ,v_ , N N 00 a N m w C�� ti�� •`♦ QQ'S ttiQ ca a Boar issioners eting 1 03/1 11 P m V THOMAS & HUTTON ENGINEERING CO. 219 STATION ROAD SUITE 101 WILMINGTON, NORTH CAROLINA 28405 -3713 TELEPHONE (910) 332 -3360 FAX (910) 332-3361 Via Nand Delivery and email February 15, 2011 Ms, Jane Daughtridge, AICP New Hanover County Planning Department 230 Government Center Drive, Suite 150 Wilmington, NC 28403 RE: Arrlberleigh Shores Multi - Family Conditional Use Rezoning Request (Z -908) New Hanover County J- 22667.303 Dear Ms, Daughtridge: Pursuant to our meeting on January 6, 2011 at your office, we are writing to provide an update to the referenced plan being considered for Conditional Use Rezoning, Following our meeting, the applicant met with approximately 8 to 10 residents from the Marymount Townhome Association to discuss potential changes to the plan and to gather feedback accordingly, The applicant has worked diligently to address the concerns raised by the Commissioners and the adjacent residents, and we offer the following plan concessions that are illustrated on the updated attached High Density Development Concept Plan: Reduction of the overall number of units from 270 to 260; Building 11 was reduced from 3- story to a 2 -story structure in an effort to address concerns about building height relative to adjacent residences. The stormwater pond between Marymount and building 11 was also eliminated and replaced with additional "tree save area." Additionally, Building 11 was moved approximately 5 feet further from the property line, and the parking stalls associated with the 10 units removed was eliminated in the area adjacent to Marymount, • Relocation of the garbage compactor; The compactor was relocated further away from both Marsh Oaks Drive and Marymount Townhomes, Transportation; The Developer is committed to construct improvements to Market Street as Outlined by the MPO and the DOT including 950 feet of concrete median, a turn lane for the site and a U -turn bulb at Mendenhall Road and Market Street. In addition, the Developer offers to provide 5 feet of sidewalk along the property frontage on Market Street. Including the sidewalk, the total improvements are estimated at $325,000, It should also be noted that reduction of the total units from 270 to 260 reduces the overall site trips per day by 61. N: 1226671docs\Correspondence\NHC- Daughtridge- 42 -15 -1 l .docx Board of Commissioners Meeting SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAR 1 2•1 YRTLE BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA Ms. Jane Daughtridge, AICP New Hanover County Planning February 15, 2011 Page 2 According to - the data provided by the MPO for Market Street, the total volume of traffic projected for Market Street in 2020 is expected to DECREASE with the completion of Military Cutoff Extension. The decrease is from the baseline year of 2008 for the length of roadway between Lendire Road and Marsh oaks Drive. The forecasting models include a background growth rate annually that includes additional traffic from new developments such as Amberleigh. As requested during - the Board of Commissioners meeting in December, we have included a copy of the cd with the traffic video of the a.m. peak hour for Marsh Oaks Drive and Market Street intersection, The video was not a required element of the Traffic Impact Analysis, (TIA), The video was taken only after community concerns were raised regarding the methodology included in - the TIA. The video was taken in order to assess the accuracy of the assumptions made in the TIA. The video verified the accuracy of the TIA modeling procedures. The existing delays and queues estimated in the TIA were similar to those shown on the video, The Marsh Oaks Drive approach to Market Street clears during each signal cycle. The findings of the TIA suggest that development of Amberleigh is not anticipated to significantly impact - the condition that currently exists, • Adjacent Commercial Property; A matter discussed in the public hearing was the potential impact of the proposed project to the commercial out - parcels fronting Market Street. To minimize - the impact, the plan has been revised to remove 20 feet contiguous to the boundary of the commercial properties from the rezoning request. The property will remain zoned B -2 and will remain mostly undisturbed with exception of driveway and utility connections. Final utility and driveway connection locations will be submitted to TRC for approval. The slightly modified acreage of Conditional Use Zoning requested is provided on an updated application, as well as the updated metes and bounds description. We respectfully request this correspondence be provided for consideration to the Board of Commissioners for the meeting on March 14, 2011, Please contact me at (910) 332 -3400 if you have any questions, Thank you for your assistance with this project. Sincerely, T MAS & HUTT4N ENGINEERING CO. Ja . Reel, P.E., LEEDO AP Wilmington Regional Director JDR /kap Enclosures: Revised High Density Development Concept Plan, (2 sheets x 13) Revised acreage total on the Conditional Use Application Zoning boundary meets and bounds description CD of Traffic Video of Marsh Oaks Dr. 5 Illustrative presentation slides (for information purposes only x 13) N: \22667\docs\Correspondence\NHC- Daughtridge- 02 -15 -1 I .docx Board of Commissioners Meeting 03/14/2011 20 -4 -2 Ms. Jane Daughtridge, AICP New Hanover County Planning February 15, 2011 Page 2 cc: Chris 0" Keefe, via email Ryan Foster, via email Thomas H. Johnson, Jr,, via email N: \2 2667\d ocs \Correspond ence\N HC- Daughtridge -02- 15- l l .docx Board of Commissioners Meeting 03/14/2011 20 -4 -3 Petitioner Ir�forna #ivn rap��ert . (+vnrs .......................... Address .. ...... ......... . ..... . Sub�jeet Proert . ...... . ... .... . . . .... ... . . . . . ..... . . ........ . . . .. . . . . . . . .... ................... . . ......................... ...... . . . ... . ......... . . ........ .. ....... .... .. . . ... .... . ... . ... ..... . . .. .... . ..... .. ...... .. .... . . .: . .. ... ... If chi: ........ . . .............. .. . .. .... . ......... .. .. ........... . . . .... .... ........ . . . ......... ... . . . . .. .... ... .... .. . . ....... ... .. ............ ............ :;: ... .. . . ....... .. . . ....... . .................... ....... ... . . . . . . .. ... . ... ... ... ... ... .. .. . ..... .. ............. . . .... ... .. ...... Name . . . ....... ... .... ...... .. .. ..... .................. . . . ... . . ............ . ... ....... ....... ....... .. ........... .. .. . .......... Owner Name ... I ........ . ..... . Address Thomas H. Johnson, Jr. Proposed Zoning and Use Bayshore Estates, Inc. 7910 Market street Company Email Owner Name 2 tjohnson @nexsenpruet.com Parcel ID Nexsen Pruet, PLLC 803600-005 -020 &022 -000 Address Address Area PO Box 30189 PO Box 3649 26.10 acres Existing Zoning and Use City, state, Zip City, State, Zip Raleigh NC 27522 Wilmington, NC 28406 - 0649 B - & R - 15 /undeveloped Phone Phone Proposed Zoning and Use 919 - 786 - 2764 Conditional Use Email Email Land Classification tjohnson @nexsenpruet.com Transition SUBMISSION REQUIREMENTS PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO SUBMITTING YOUR APPLICATION! Petitions must be reviewed by Planning & Zoning for completeness prior to acceptance. For petitions involving five (5) acres or less, a fee of $400.00 will be charged; for those of greater than five (5) acres a fee of $600.00 will be charged. This fee, payable to New Hanover County, MUST accompany this petition. In addition to the attached site plan check list, the following supplemental information is required: V 1. Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. V 2. Legal description (by metes and bounds) of property requested for rezoning. 3. Copy of the subdivision map or recorded plat which delineates the property NOTE: Will be recorded in the future. 4. Site Plan as outlined in section 59.7 -3 (2). For plans larger than 11xI7, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. 05. Authority for Appointment of Agent form (if applicable). The owner or authorized agent is required to attend the Planning Board meeting. The owner or an attorney is required to attend the County Commissioners meeting. v/ 6. Requirements of Article VIII for the companion special use permit. V 7. Applicant's answers to the questions on this application. r fi 8. Signed site plan check list. 9. A report of the required public information meeting outlined in Section 111 -2.1. REVIEW PROCEDURES Petitions for conditional change of zoning are first referred to the New Hanover County Planning Board and then acted upon by the New Hanover County Board of Commissioners. Complete petitions and all supplementary information must be accepted by Planning & Zoning twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Page 1. of 4 4/10 Board of Commissioners Meeting 03/14/2011 20 -4 -4 Planning Board meetings are held at 5 :30PM in the Commissioner's Assembly Room in the Old County Courthouse, at Third and Princess Streets, Wilmington, forth Carolina, on the first Thursday of each month. If the Planning Board approves your petition, the request will automatically be referred to the Board of County Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you regarding appeal procedures. Uses and Development Requirements: Within a Conditional Use District, no use is allowed except by Special Use Permit. The permit may specify additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, or other limitations on land which may be regulated by state law or local ordinance. Such conditions and requirements shall not specify ownership status, race, religion, character or other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their purpose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the requirements for a Special Use Permit and other pertinent requirements of the Zoning Ordinance, and to securing the public health, safety, morals, and welfare. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general. zoning classifications which would allow that use are acceptable. You must explain in the space below how your request satisfies each of the following requirements: (attach additional sheets if necessary) 1. How would the requested change be consistent with the County's Policies for Growth and Development? The majority of the subject property is zoned R -15. A portion of the property at the corner of Market Street and Marsh Oaks Drive is zoned B -2. The owner intends to subdivide the property to create an independent commercial parcel of 3 acres at the intersection. The remaining balance of 25.51 acres is requested to be zoned to Conditional Use Zoning District which is consistent with the "Transition" Zone in the LAMA Land Use Plan. High density development is an appropriate transition between the existing multi /single family to the southeast and commercial uses along Market Street. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The property is in a Transition Zone as defined by the LAMA Land Use Plan which allows for high density development in locations served by potable water and sanitary sewer. 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? R -15 does not allow for the higher density proposed. The infrastructure is in place to allow for higher density development in a Transition Zone. Also, the adjacent property to the southeast consists of existing multifamily and single family. The frontage on Market Street is developing as commercial and the proposed zoning is an appropriate transition from existing multifamily and single family to commercial. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). See Exhibit A, attached hereto and incorporated herein by reference. Page 2 of 4 4/10 Board of Commissioners Meeting 03/14/2011 20 -4 -5 WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement 41. 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." See Exhibit A, attached hereto and incorporated herein by reference. General Requirement 42 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. See Exhibit A, attached hereto and incorporated herein by reference. General Requirement 43 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." See Exhibit A, attached hereto and incorporated herein by reference. General Requirement #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." See Exhibit A, attached hereto and incorporated herein by reference. Page 3 of 4 4/10 Board of Commissioners Meeting 03/14/2011 20 -4 -6 SITE PLAN CHECKLIST section 59.7 -3 (2 Check each item to confirm that is included. The application will not be deemed complete without all items being addressed. Tract boundaries and total area, plus location of adjoining land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and /or subdivided lot boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will. be used. Development schedule including proposed phasing. f Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. All existing and proposed easements, reservations, required setbacks, rights -of- -way, buffering and signage. The one hundred (100) year floodplain line, if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, which are the minimum requirements in the Conditional Use District, or other limitations on land which may be regulated by State law or Local Ordinance. Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). By my signature below, I certify that I have read Section 59.7 of the Zoning Ordinance. I understand and accept all of the conditions, limitations and obligations of the Conditional District zoning for which I any applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested 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. Thomas H. Johnson, Jr., Attorney Print Name Page 4 of 4 4/10 Board of Commissioners Meeting 03/14/2011 20 -4 -7 Exhibit A to Application for Conditional Use Zoning District for 7 91 0 Market Street 4. The proposed plan allows for a mix of multifamily and commercial uses contiguous with the arterial roadway network. The plan will limit the main vehicular access on Market Street to right -in, right -out only. The plan adheres to the setback and buffer limitations of high density development adjacent to single family lots or structures. The additional limitations and setbacks and landscaping will preserve the intent of the Special Highway Overlay District established for Market Street. There are no impervious surfaces with exception of stormwater best management practices proposed in the portion of the property designated as watershed Resource Protection Area as illustrated in the LAMA Land Use Plan. General Requirement # 1: The project is located directly adjacent to an arterial roadway with multiple points of ingress / egress. The primary point of access to and from the project will be to Market Street from Marsh Oaks Drive, a recently signalized intersection. Additionally, inbound and outbound traffic through the proposed entrance from the project directly to Market Street will be limited to right turn movements only. Potable water and sanitary sewer will be provided by the Cape Fear Public Utility Authority and all applicable state and local permits will be secured for the project prior to construction. The stormwater management for the project will be consistent with rules and regulations established by New Hanover County and the State of North Carolina. The development will be gated for residents and visitors only. As a result, the project as proposed will not materially endanger the public health or safety. General Requirement #2: The attached site plan demonstrates the project will adhere to the requirements of a high density project in New Hanover County. In addition, the setbacks and landscaping for the project will be in accordance with the Special Highway Overlay District along Market Street. The wetlands on the property have been delineated and verified by the US Army Corps of Engineers. As shown on the plan, a small portion of the site is designated as Watershed Resource Protection Area by the CAMA Land Use Plan. No impervious surfaces with exception of stormwater best management practices are proposed for this area. The project meets the required conditions of the Zoning Ordinance. Board of Commissioners Mee PPRAL1:119522.1-DOC-(TJOHN SO N) 047061 -04991 03/14/2011 20 -4 -8 General Requirement #3: The project will not substantially injure the value of adjoining or abutting property because the proposed use is consistent with the surrounding uses and will provide a transition from lower density multifamily and single family to existing commercial uses. Such uses adjoin one another throughout New Hanover County without any substantial injury to property values. The New Hanover County Zoning Ordinance also provides increased setbacks and buffers when multifamily is adjacent to lower density residential in order to further protect property values. General Requirement #4: The property is bordered on the north. and west by Marsh Oaks Drive, Market Street and an outparcel containing an assortment of commercial buildings. To the east is predominately townhome dwellings in Marsh Oaks and several single family dwellings. Higher density development is an appropriate transition between lower density residential and more intense commercial uses. Likewise, the CAMA Land Use Plan identifies that residential development may exceed the minimums for "Transition" area thresholds if municipal water and sever is available to the site and if there is access to a minor arterial or larger access road. Market Street is identified as an Urban Principal Arterial. Increased setbacks and buffers are applied adjacent to single family residences and platted lots in keeping with the high density requirements of New Hanover County Zoning Ordinance. Additionally, this project otherwise meets the requirements of the Zoning Ordinance. Therefore, the project will be in harmony and general conformity with the land use plan for New Hanover County. Board of Commissioners Meeting L1 szz. 1'aoC- (TJOHNSCN) 04701 -00001 03/14/2011 20 -4 -9 Amberleigh Shores (AKA Bayshores, Estates, Inc.) Tax Parcel R03600 -005- 020 -000 & R03600 -005- 022 -000 26.10 Acres to be Rezoned per Submission ALL AND SINGULAR, ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND WITH ANY IMPROVEMENTS THEREON; SITUATE, LYING AND BEING IN HARNETT TOWHSHIP, COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA; BEING BOUNDED ON THE NORTH BY MARSH OAKS DRIVE HAVING A VARIABLE RIGHT -OF -WAY, ON THE EAST BY MARYMOUNT TOWNHOMES, HOA, INC., CAPE FEAR PUBLIC UTILITY AUTHORITY, MARYMOUNT TOWNHOMES HOA, INC, et al, DALE F. & SUSAN E. BAEMANN, JAMES S. & PATRICIA L. MANGUM, JENNIFER BLYTHE & BOBBY PRETELLE HOLT, SR., AND SARA S, REHREY, ON THE SOUTH BY DORIS RIGGS SMITH, ESTHER F. LEE, AND E & B JONES, LLC, ON THE WEST BY MARKET STREET (U.S. HIGHWAY 17) HAVING A 100' RIGHT -OF -WAY, AND BAYSHORE ESTATES, INC., A NORTH CAROLINA CORPORATION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM MONUMENT STAMPED "MO -1 7 -08 " LOCATED WITHIN THE EASTERN EDGE OF RIGHT -OF -WAY OF MARKET STREET AND NORTH WESTERN RIGHT -OF -WAY OF MARSH OAKS DRIVE, HAVING A NORTH CAROLINA STATE PLANE GRID COORDINATE OF NORTH 198,893.4 1, EAST 2,362,381.39; THENCE A BEARING OF S 27 0 43'47" W, A DISTANCE OF 6.49 FEET TO A 5/8'" IRON REBAR SET AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERN EDGE OF MARSH OAKS DRIVE VARIABLE PUBLIC RIGHT -OF -WAY A BEARING OF S 80 0 50'37" E, A DISTANCE OF 44.40 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 37 °04'05" E, A DISTANCE OF 74.59 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG A CURVE TO THE LEFT, A CHORD BEARING OF S 47 °58'39" E, A CHORD DISTANCE OF 269.88 FEET, (DELTA= 21 RADIUS= 713.00 FEET, ARC = 271.52 FEET) TO A POINT AND POINT OF BEGINNING; THENCE ALONG A COMPOUND CURVE TO THE LEFT, A CHORD BEARING OF S 63 0 00'05" E, A CHORD DISTANCE OF 102.32 FEET, (DELTA= 08'13'44", RADIUS= 713.00 FEET, ARC= 102.40 FEET); THENCE ALONG A COMPOUND CURVE TO THE LEFT, A CHORD BEARING OF S 68 E, A CHORD DISTANCE OF 30.02 FEET, (DELTA= 2°2445", RADIUS= 713.00 FEET, ARC = 30.02 FEET) TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 68 °55'06" E, A DISTANCE OF 30.92 FEET TO A POINT, THENCE A BEARING OF S 68 °55'06" E, A DISTANCE OF 69.22 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG A CURVE TO THE LEFT, A CHORD BEARING OF S 73 0 56'38" E, A CHORD DISTANCE OF 87.48 FEET, (DELTA= 9 0 28'04 ", RADIUS= 530.00 FEET, ARC = 87.58 FEET) TO A 5/8" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE OF NORTH 198,522.66, EAST 2,362,964.21; THENCE LEAVING SAID EDGE OF MARSH OAKS DRIVE RIGHT -OF -WAY ALONG THE LANDS OF MARYMOUNT TOWNHOMES HOA, INC. A BEARING OF S 41 W, A DISTANCE OF 146.69 FEET TO A 5/8" REBAR SET; THENCE ALONG THE LANDS OF CAPE FEAR PUBLIC UTILITY AUTHORITY A BEARING OF N 48 0 16'33" W, A DISTANCE OF 107.17 FEET TO A POINT; THENCE A BEARING OF N 48 0 16'33" W, A DISTANCE OF 55.66 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 86 0 43'36" W, A DISTANCE OF 11.84 FEET TO A POINT; THENCE A BEARING OF S 86 0 43'36" W, A DISTANCE OF 61.21 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 41 °43'27" W, A DISTANCE OF 150.00 FEET TO A 5/8"' IRON REBAR SET; THENCE A BEARING OF S 48 E, A DISTANCE OF 214.48 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG THE LANDS OF MARYMOUNT TOWNHOMES HOA, INC. A BEARING OF S 38 °13'51" W, A DISTANCE OF 124.28 FEET TO A POINT; THENCE A BEARING OF S 42 0 47'04" W, A DISTANCE OF 22.05 FEET TO A POINT; THENCE A BEARING OF S 42 0 47'04" W, A DISTANCE OF 168.39 FEET TO A POINT; THENCE A BEARING OF S 36 0 42'45" W, A DISTANCE OF 33.50 FEET TO A POINT; THENCE A BEARING OF S 30 °21'37" W, A DISTANCE OF 35.26 FEET TO A POINT; THENCE A BEARING OF S 30 0 57'26" W, A DISTANCE OF 246.25 FEET TO A POINT; THENCE A BEARING OF S 21 W, A DISTANCE OF 16.55 FEET TO A POINT; THENCE A BEARING OF S 00 °52'51" W, A DISTANCE OF 42.97 FEET TO A POINT; THENCE A BEARING OF S 04 E, A DISTANCE OF 19.95 FEET TO A POINT; THENCE ALONG THE LANDS OF MARYMOUNT TOWNEHOMES HOA, INC., et al A BEARING OF S 04 E, A DISTANCE OF 21.16 FEET TO A POINT; THENCE A BEARING OF S 06 0 05'56" W, A DISTANCE OF 34.50 FEET TO A POINT; THENCE A BEARING OF S 31 0 33'26" W, A DISTANCE OF 41.71 FEET TO A 5/8" IRON REBAR SET, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 197,587.75, EAST 2,362,332.28; THENCE A BEARING OF S 58 0 02'59" E, A DISTANCE OF 57.91 FEET TO A POINT; THENCE A BEARING OF S 55 0 25'42" E, A DISTANCE OF 3 1.23 FEET TO A POINT; THENCE A BEARING OF S 57 °34'03" E, A DISTANCE OF 54.43 FEET TO A POINT; THENCE A BEARING OF S 65 °12'40" E, A DISTANCE OF 29.06 FEET TO A POINT; THENCE A BEARING OF S 75 E, A DISTANCE OF 33.12 FEET TO A POINT; THENCE A BEARING OF S 72 °31'01 " E, A DISTANCE OF 64.30 FEET TO A POINT; THENCE A BEARING OF S 65'15'19" E, A DISTANCE OF 43.59 FEET TO A 1/2" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 197 EAST 2,362,612.49; THENCE ALONG THE LANDS OF DALE F. & SUSAN E. BAEMANN A BEARING OF S 41 W, A DISTANCE OF 173.06 FEET TO A 1 /2" IRON REBAR FOUND; THENCE ALONG THE LANDS OF JAMES S. & PATRICIA L. MANGUM A BEARING OF S 41 W, A DISTANCE OF 70.08 FEET TO A 1/2" IRON REBAR FOUND; THENCE ALONG THE LANDS OF JENNIFER BLYTHE & BOBBY PRETELLE HOLT, SR. A BEARING OF N 76 °51'54" W, A DISTANCE OF 267.15 FEET TO A 5/8 "' IRON REBAR SET; THENCE A BEARING OF S 13 °07'41 " W, A DISTANCE OF 150.07 FEET TO A 518" IRON REBAR FOUND; THENCE ALONG THE LANDS OF SARAH S. REHREY A BEARING OF S 31 W, A DISTANCE OF 276.68 FEET TO A 5/8" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 196,947.04, EAST 2,362,015.05; THENCE ALONG THE LANDS OF DORIS RIGGS SMITH A BEARING OF N 17 0 03'40" W, A DISTANCE OF 435.27 FEET TO A 1 1/2" IRON PIPE FOUND; THENCE A BEARING OF S 72 °44'23" W, A DISTANCE OF 100.70 FEET TO A 1 1/2" IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT I & 2) A BEARING OF S 81 W, A DISTANCE OF 201.01 FEET TO A 5/8" IRON REBAR FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT 3) A BEARING OF S 46 0 47'34" W, A DISTANCE OF 21.34 FEET TO A 1 " IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT 1 & 2) A BEARING OF N 45 W, A DISTANCE OF 50.03 FEET TO A 3/4" IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT B) A BEARING OF N 45 W, A DISTANCE OF 115.65 FEET TO A 1/2" IRON REBAR FOUND; THENCE ALONG THE LANDS OF E & B JONES, LLC A BEARING OF N 45 0 03'39" W, A DISTANCE OF 325.14 FEET TO A 5/8" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 197,636.26, EAST 2,361,228.95; THENCE ALONG THE EASTERN EDGE OF MARKET STREET (U.S. HIGHWAY 17) RIGHT -OF -WAY A BEARING OF N 42 0 34'40" E, A DISTANCE OF 1120.66 FEET TO A POINT; THENCE LEAVING SAID RIGHT -OF -WAY OF MARKET STREET ACROSS THE LANDS KNOWN AS AMBERLEIGH SHORES A BEARING OF S 47 0 30'43" E, A DISTANCE OF 400.03 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT, A CHORD BEARING OF N 87 0 29'17" E, A CHORD DISTANCE OF 28.28 FEET, (DELTA= 90 0 00'00 11 , RADIUS= 20.00 FEET, ARC =31.42 FEET) TO A POINT; THENCE A BEARING OF N 42 E, A DISTANCE OF 200.29 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT, A CHORD BEARING OF N 02 0 30'43" W A CHORD DISTANCE OF 28.28 FEET, (DELTA= 90 0 00'00 ", RADIUS= 20.00 FEET, ARC =31.42 FEET) TO A POINT; THENCE A BEARING OF N 47 0 30'43" W, A DISTANCE OF 19.67 FEET TO A POINT; THENCE A BEARING OF N 42 °34'46" E, A DISTANCE OF 351.28 FEET TO A POINT AND POINT OF BEGINNING AND CONTAINING 26.10 ACRES + /- (1,136,944 SQUARE FEET). 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Box 1810 Wilmington, North Carolina 28402 910 341 3258 910 341 7801 FAX To: Mr. Jack Reel, PE, Thomas & Hutton Town of From: Ms. Tara Murphy, Associate Transportation Planner, Wilmington MPO City of Town of have reviewed the Amberleigh Shores Traffic Impact Analysis (TIA) report dated WILMINGTON Cc: Mr. Chris O'Keefe, Director of Planning & Inspections, New Hanover County Lead Planning Agency Town of Ms. Jane Dau htrid e, Planning & Zoning Manger, New Hanover Count g g g g g Y Town of Mr. Sam Burgess, Principal Development Planner, New Hanover County CAROLINA BEACH Authority Mr. Mike Kozlosky, Executive Director, Wilmington MPO 950 feet between the intersection of Market Street/Marsh Oaks Drive and the Mr. Anthony Law, District Engineer, NCDOT Town of KURE BEACH BOARD OF Mr. David Leonard, Assistant District Engineer, NCDOT TRANSPORTATION to accommodate southbound and northbound U -turn movements. Mrs. Katie Hite, Division Traffic Engineer, NCDOT Town of WRIGHTSVILLE BEACH Re: Memorandum Approving the Amberleigh Shores Traffic Impact Analysis NEW HANOVER County Date: November 12, 2010 Town of Market Street/Site Driveway: BELVILLE City of Wilmington and North Carolina Department of Transportation (NCDOT) staff Town of have reviewed the Amberleigh Shores Traffic Impact Analysis (TIA) report dated LELAND September 20, 2010. The report has been accepted and appears to meet the County minimum requirements for TIA submittal. As per City and NCDOT review, the Town of developer is responsible for constructing the following improvements: NAVASSA Per NCDOT Division 3 policy, the applicant will be required to hold a public informational workshop for these improvements. The applicant is required to obtain an NCDOT driveway permit for access to the state road network. All applicable NCDOT driveway access technical standards and policies shall apply. Please contact me at (910) 341.4661 with any further questions regarding this approval. Board of Commissioners Meeting 03/14/2011 20 -5 -1 Market Street/Site Driveway: BRUNSWICK • Construct a full width bay northbound right -turn lane with 100' of full width County storage, 50' of full width decel and appropriate to er on Market Street to tie into g p PENDER the right turn lane to the north. County ■ Provide right -of -way dedication for the right turn lane. ■ Combine the two site driveways into a single access. CAPE FEAR Public Transportation Market Street: Authority ■ Construct a concrete median on Market Street for a distance of approximately 950 feet between the intersection of Market Street/Marsh Oaks Drive and the North Carolina intersection of Market Street /North Alexander Road BOARD OF .Provide additional pavement near Mendenhall Drive and North Alexander Road TRANSPORTATION to accommodate southbound and northbound U -turn movements. Per NCDOT Division 3 policy, the applicant will be required to hold a public informational workshop for these improvements. The applicant is required to obtain an NCDOT driveway permit for access to the state road network. All applicable NCDOT driveway access technical standards and policies shall apply. Please contact me at (910) 341.4661 with any further questions regarding this approval. Board of Commissioners Meeting 03/14/2011 20 -5 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 21 DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Current Planner CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Special Use Permit (S -602 12/10) — Request by New Hanover County Fire Services for a Special Use Permit to Locate a Fire Station in an R -15 Zoning District on Approximately 0.8 Acres at 6101 Carolina Beach Road BRIEF SUMMARY: The New Hanover County Planning Board voted unanimously, 6 -0, to recommend approval for a Special Use Permit for this proposal on December 2, 2010. Adjacent neighbors expressed concerns about additional traffic, environmental impacts, adequacy of the proposed facility, and property values. However, the primary topic of concern was the neighborhood understanding that a park bond was approved by the public to include development of a park on this property. There was concern that the County would incrementally begin to use the property for other purposes and the park would not materialize. This item was delayed from the January commissioner meeting in order to allow some time for Fire Services to work with Parks, Gardens & Senior Resources to envision a potential concept for park development of the rest of the property. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff supports the Planning Board recommendation. Motion - Approve the special use permit based on the findings of fact in the case records and in accordance with the site plan as submitted for the fire station. A TT A C14X iFNTC S -602 Staff Summary S -602 Petition Summary S -602 Adjacent Property Owner Map S -602 Application S -602 Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner Catlin dissenting. Board of Commissioners Meeting 03/14/2011 21 -0 SPECIAL USE PERMIT 5 -602, 12/10: Request to Locate a Fire Station in an R -15 Residential Zoning District Request By: New Hanover County Fire Services Location: 6101 Carolina Beach Road PLANNING BOARD ACTION The New Hanover County Planning Board voted unanimously, 6 -0, to recommend approval for a Special Use Permit for this proposal on December 2, 2010. Adjacent neighbors expressed concerns about additional traffic, environmental impacts, adequacy of the proposed facility, and property values. However, the primary topic of concern was the neighborhood understanding that a park bond was approved by the public to include development of a park on this property. There was concern that the County would incrementally begin to use the property for other purposes and the park would not materialize. This item was continued from the County Commissioners January 3, 2011 meeting. PRELIMINARY STAFF FINDINGS 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Carolina Beach Road is designated as an urban principle arterial roadway in the WMPO Roadway Functional Classification plan. B. Current Level of Service on Carolina Beach Road is F. C. The site is not within the 100 year floodplain. D. Mapped areas of Pocosin are present at two locations on the property; however, both areas are located outside the proposed fire station development area. Therefore, no Conservation Overlay District regulations are applicable. E. Water and sewer are not currently available to the site. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Setbacks shall be in accordance with Section 52.5. Those shown exceed the minimum standards. B. Landscaping, including buffers, shall be in accordance with Section 67. C. Lighting shall be in accordance with 72- 28(6). D. A stormwater management plan will be required to meet the County's standards. E. A driveway permit will be required from NCDOT. F. F. Signage shall be in accordance with Article IX of the ordinance and Section 94 -4 (1) (c), which restricts the size of freestanding signage on Carolina Bead Road. 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. Board of Commissioners Meeting 03/14/2011 21 -1 -1 A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. The structure will maintain a 266 foot setback off of adjacent residential property immediately south. C. The use may be considered to be a public necessity so that delivery of emergency services can be improved in this area of the county. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAMA Plan Update shows land classification as Transition. B. Immediately north of the site is a Conditional Office and Institutional district, housing a veterinary office. Both east and south of the site is an R -15, medium density residential district. Parcels to the west, across Carolina Beach Road, are zoned B -2, highway business, and have commercial and strip commercial developments. Cautious site design for the fire station has placed the structure well away from adjacent residential areas to help preserve the residential character of the area while allowing for improved community safety. C. The vision statement in the 2006 CAMA Plan expresses the need to "adapt to growth as we preserve the values that make our community a great place to live." Enhancing the County's ability to improve its emergency response in growing areas of the county would be consistent with the vision. Policy 14.1 of the 2006 CAMA Plan also promotes providing timely and adequate staffing and facilities to maintain and improve public safety. D. Although the entire 42.55 acre parcel will be subject to the requirements and limitations of a special use permit, only about 1 acre of the site will be dedicated to the fire station. Additional future uses or ma j or alterations in the proposal would require modification through a public hearing process. STAFF COMMENTS Findings for this case are positive and support the recommendation of the Planning Board with no additional conditions. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose One) Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use. Board of Commissioners Meeting 03/14/2011 21 -1 -2 Case 5 -602 (12/10) Special Use Permit to build a fire station in an R -15 Residential District Petition Summary Data 6101 Carolina Beach Road Owner /Petitioner: New Hanover County Existing Land Use: Residential R -15 Zoning History: Area 4 (April 7, 1971) Land Classification: Transition Water Type: Not available Sewer Type: Not available Recreation Area: Veterans Park and Monterey Heights Access &Traffic Volume: Average Daily Trips (ADT) on Carolina Beach Road (US 421, South of Sanders Road) have increased from 38,258 (2009) to 39,573(2010). Fire District: Myrtle Grove Fire Department Watershed & Water Quality Classification: Seabreeze; SA:HQW Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: Pocosin encompasses two pockets of the property; however, not located in development area. Soils: Kureb and Rimini sands (both Class I), Lynn Haven fine sand and Leon (both Class III) Septic Suitability: Kureb and Rimini sands are both suitable with slight limitations. Leon and Lynn Haven fine sands both contain severe limitations and require extensive modification and intensive maintenance. Schools: Bellamy Elementary Board of Commissioners Meeting 03/14/2011 21-2-1 r N M Iq W W 1� W M O r N M Iq LL's W 1� W M O r N M-q LO W 1- W M O r N M W W 1� W M O r N M R* W W 1- W M O r N M RT W d cc J C H H O N V in z w H H Z _ H H LU a m m o o LU LU z z x z!2 LU rn� rn Z >> a z z x o LU� z "" F- m g w o J J z z - > J nn F-0 zZ ocn Z oo a� z aJZz Q U Q Q w° iii Q w w J ga z z o o J a > o x w w w O a a C1 J U Z J J x a U r a J J U m LLI g Q J U ~ O H O m LU O Q (Y Z J () J a N } Q W O Q H ?� 0 U' z Q 2 W C9 J fn w a, W Q fn Q z n Q Q❑ Q H H L O fn J U m} N � u) u) N H o f u) J H � ~ � � C7 a Z Z H } cn Z U 44 w ° rz rua �� xx� 1 Qu�u�ruru J o[B J a LL x m U Z a a Z �, J W g g J Z a a J J } ❑❑ m m z N w Q � z N Q 2 en LU U O } ED �� 3 ❑ a (7 ~ J J Q a z ,� Z LU W C u -) ) y a Z x ° O g Y x J° 0 U U a 0 0 r m W � O O ❑ a ° ❑❑ O z ❑ z a O J x U J Z J x u�J u�] J O H J } w J o x >, Q Z t5 c u�] U U LU LU ° m 0 U) P � J o� o �� Q Q� LU� o �� O � J J m }�� ❑❑ Z H U U z �� U J LU LULU ° a Q 0 O O m 0 v g z w U U° O z z x C9 L JOJ z cn zzzz Joo x as p z g w o> U z n a s J o m a m a C7 O cn Q a 0 0 0 0 atS fn z a s Z J O J J ❑° U U a '�� zzz xagv' YrzZag�P�ix�n�n�n�n�i` i� "�'z YY �a_gg�n�aa W W W a a N Q O a W W J cn 0 z w w w z m m u�i O O �n ° J W O Y a a m J J J Z Z Z a G�JJJJ�O ��oo` a��000 a a a a a a a m m m m m 0 0 0 W w w x x O Y Y Y J J 2 2 2 2 2 2 Z o 0 a a a a w w H H O�pFL br0. �QQOM� LO � ��ab• P' re Ya-3-TIIASNOl-l33NV I m co a w -co c� COO Z N N N co r-- a 3- H0IIHS LO LO N cD r` LO CD N LO LO yyy , yy �. � yi4 h ti . c , � N r � r y °4 � y yyy y y y y t � y yi `y >y, a y y =4 4, y, y M � r, y i ,y, .��4 4 444 444 44 4 4 44 4 4 44 4 4 44 4 LO , yyy 4, y, N °4 tyy 4 y yi , , y y , y ,,in y ,yyi,yi, C'7 `yay, 44y W 00 � o OV Irk /1 I ■ . a 111/ cn a� L c > U) N �_ O 1 0 U- o U) N a L)M �� G > p Q !3 r ° r- O 00 3 u) U x aZ L 20 4) c:) a� .2 CD r y UL Z Q� LL N N � Nom �+ d a 3 15 CD R d m w V V U) M. CL N -ja y , y a -VNl=lo8 co CV N M c'+) N W � ti LO r N3WONd N p �m V of Commissioners Meeting 03/14/2011 0 r I.L m o D. r V 0 Z -� 0 NEW HANOVER COUNTY 230 Government Center Drive PLANNING & INSPECTIONS suite I 10 t f Wilmington, NC 28403 ` DEPARTMENT 90-798 -765 phone S USE E �T 9I0 -798-7053 fax APPLICATION # Co d �L www.nhcgov.com i tion ' .. n n t n :.: :..::..:.:.::::...:. :..:...:.....::.:...:.......::. ..::.....:..................:.. :. ::: o� :..:.::::. ::..:.:::.:.:..:........::::::: :.:....P:.:... :.................... ...........:................:. : Property .... ....... .. .......... . :Jff Pet itioner Name owner N ame Address Matt Davis New Hanover C opunty 6101 Carolina Beach lid Company owner Name 2 Parcel ID New Hanover r ounty Fi :R 07900- 0 03-001- 000 Address Address Area 230 Government Center Dr 230 Government ent Center Dr city, state, zi City, State, Zip Existing Zoning and Use Wi lmington, NC 2$403 Wilmington, NC 28403 . - 15 Residential Phone Phone P Use 10- 798 - 7420 10- 798 - 7420 Fire S tation :email Email Land Classification - mada - %ris@nhcgov. com Gov SUBMISS REQUIREM ;w�w��■rwi�irufMww■��orrori ��■Mwiw ■■� 'LEASE READ SECTIONS 70 and 71 o the Zoning Ordinance prior to submission. For high density residential projects, please also refer to the High Density application and also note the proposal must be reviewed b the Technical Review Committee prior to submission for consideration b the Planning Board. Applications NWST be reviewed by Planning & Zoning staff for completeness pr'or to acceptance. when Special Use Permits are required for uses more or less accessory to a residential use i.e., in-home child daycare) or for single-wide mobile homes as required, a fee of 1 0. 0 is required. All other Special Use Permits require a fee of 00.00. This fee, payable to New er Hanover County, MUST accompany this petition. No application will be accepted unless accompanied b a plan of the proposed use and lot drawn to scale to b e used s evidence i support o the required andln s of fact (outlined on p 2 of this a pplication). If submitting plans larger than 11 1 "7, ple ase provide ten 10 copies for the Planning Board meting. You will be asked for an additional thirteen 13 copies of your site plan if ur proposal moves forward to the County Commissioners. Also, please include one 1 reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. The following supplemental information is required: I One copy of current tax snap Narrative of proposed use 3 Adjacent propel' owners and uses Traffic Impact Analysis (if applicable) 5 Site Plan (Ref. Site Plan Checklist) and signed site plan. checklist Authority for appointment of agent form ( The owner or an attorney must handle the case) 7 Applicant answers to the questions on the application Note: Applicants should refer to Article 6 & 7 o the Zoning Ordinance for additional requirements for specific uses. The Planning & Zoning, Tanning Board, and/or Board of County Commissioners reserve the right to require additional information if needed to assure that the use ire its proposed location will he harmonious with the area and in accordance with the Zoning Ordinance of the Counter of New Hanover. Page 1 o Board of Commissioners Meeting SUP (4/10) 03/14/2011 21-4-1 ,RE VI E W P RO CE DURES Applications for Special Use Permits (other then for single family dwellings on Individual lots) are first referred to the New Hanover County lam g Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary infonnatmon must he accepted by Planning & Zoning, twenty 20 working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the forth Carolina General Statutes. Planning Board meetings are held o n the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old Counter Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single - family dwellings, including mobile hones, on individual lots must he accepted by lanmm�g & Zoning twenty working days before the regularly scheduled Commissioners meeting. Applications for single -- family dwellings o n individual lots do not require planning board review. What You Must Establish For A Spec ial Use Permit Authority to grant a Special Use Permit is contained In the Zoning Ordinance, pursuant to section 7 1. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant shou explain, with reference to attached plans, where applicable, hove the proposed use satisfies these requirements: (Attach additional pages if necessa General Requirement # The Board must Ii nd "that the use wi I I not materially endanger the public health or safety if I ocated where proposed and developed according to the plan as submitted and approved. "" New Hanover County Fire embarked on a master plan for fire protection in the unincorporated areas of the Counter` in 2009. In the spring of 2010 New Hanover C ounty accepted the consultants Master plan for fire protection. The plan identified areas where fire stations could be located to improve response times and lower insurance ratings. By locating a fire station a this location we would decrease response tires there for increasing public health and safety. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance ", The proposed firs station would meet the requirements for buffering and setbacks as described in the zoning ordinance for residential, classification. Page 2 of Board of Commissioners Meeting SUP ( 4/1 03/14/2011 21-4-2 General Requirement The Board must find "that the use will not substantially injure the value of .djoining or abutting property or that the usets a 0 11 public necessity. The fine station will be located so that it will not impact adjoining property owners. The fire station will increase public safety by having emergency vehicle and personnel stationed in this area. General Requirement The Board must find "that the location and character of the use if developed according to the plan as ubmitted and approved will be in harmony with the area in ieh it is to be located and in general e `ornnity with the plan of development for New Hanover County." The fare station will be a engineered structure with a detached garage and blend in to the surrounding r esidential community. The fire station will serve the growing population of this community. 'age 3 of 4 Board of Commissioners Meeting SUP (4110) 03/14/2011 21 -4 -3 SITE PLAN CHECKLIST Check each item to confirm than is included ac o will not be deemed complete without addressing each item Tract b oundaries and total area, plus location of adjom mi g land parcels and roadways. Existing zoning of the tract and neighboring parcels and proposed tract zoning. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of un its and site plan outlining area to be occupied by each structure and/or subdivided lot boundaries. For non - residential uses, this shall include appro hnate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be rased. Development schedule including proposed phasing. Traffic and Parking Plan to Mn lud statement of impact concerning ideal traffic near the tract, proposed right- of-way dedication, plans for access to and fr the tract, location, w and right-of- for internal streets and location, arrangement and access provision for parking areas. All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage. The one hundred o year floodplaln 1lne, if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, lations, which are the minimum requirements for Special Use Permit, or other limitations on land which may be regulated by State law or Local Ordinance. Any other information that will facilitate review of the proposed change (See Article V11). The Zoning Ordinance In some 'Instances also imposes additional specific requirements on the use requested y the applicant. The applicant should he prepared to demonstrate that the proposed use would comply with each specific requirement found in Section 72, additional restnktions imposed on certain special uses (as applicable). /She should also demonstrate that the laud would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. (D C�O> ITI."O)a66Z 4 MEN 7/ 4VI Snur o itioner and/or Property Owner t N a :# Page 4 of 4 Board of Commissioners Meeting SUP (4/1 03/14/2011 21-4-4 d3NNV-ld I S)133NIDN3 Eld @I!S SHOA3Avns i s Oct agns - luawjvd�a(] aJ14 —13N3"-a '�y S-d3H—LIM �4uno J,)AnUPH maN i!wj;aj as n j ppad S w". ' E EL > Pu I AluflOJAMOUPHAION I dtq5uA%ojlu!0dP' -*)A L jo U01jels @11A jje ape 0 ., I I N 1 2 t0pas PUU01110 toN -."'x lkliaw'I <__ 0 VS CL A $ 0 S -E till . ak n] E 1 F - 1H z z 6 3 Di I zu I . l r'A IQ . �;; W >- 4, V '_ j� s.. ti :7. � ~9 � L � Qy � g iv -S -0 1 -i .'-�� Z Q �'f.� Ile .8 IL k A E 1,8 "Li 2 0 9 > v 10. I -A Aryp Aff 70 IRV, v Gh !2 4 03 IN w". ' E EL > Pu I AluflOJAMOUPHAION I dtq5uA%ojlu!0dP' -*)A L jo U01jels @11A jje ape 0 ., I I N 1 2 t0pas PUU01110 toN -."'x lkliaw'I <__ 0 VS $ 0 z 6 C w E iz _u 4L . . . . .. .. ............... (D IL (3." .. ... . .. .... . ... . . ..... ...... ..... to C L L z ...... ..... . .. 0 x ...... ..... . .. F r � 111 A . . . ........ E, .. ..................... x — V LL .... ...... . . ..... ......... . ia Ot > Ex 0 'X� C LU H, Q a t R . . .. ....... 1-4 �'� /P ?� anag vul. OJD'D imp, 'AmH hi K Y ;vq < V1 > M -z 1 lu _ 0 0 iy Ile Al I K31 L L ' ro ' 1 1' 1 r €! -. 1 g L 35 3 E I b" I . - t j J (3 Z5 0 .n k z ih wi 'i r, D 'i Board of Commissioners Meetin 03/14/2011 21 -5- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 22 DEPARTMENT: County Attorney PRESENTER(S): Bruce T. Shell, County Manager and Wanda Copley, County Attorney CONTACT(S): Wanda Copley, County Attorney SUBJECT: Consideration of Proposed Legislation BRIEF SUMMARY: Proposed legislation for which New Hanover County seeks support is as follows: 1. Motor Vehicle Impoundment 2. Election of Chairman of Board of Commissioners 3. Term Limits for County Commissioners 4. Amendment for Removal of Airport Authority Board Members - Unanimous Vote of the Board 5. Amendment for Removal of Airport Authority Board Members - Pleasure of the Board 5. Amendment for Removal of ABC Board Member 6. Amendment of the Authority of Boards of Commissioners in Certain Counties over Commissions, Boards, Agencies 7. Modify School Budget and Fiscal Control Act RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider proposed legislation. ATTACHMENTS: Proposed Legislation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider proposed legislation. COMMISSIONERS' ACTIONS: Goals 1 and 2 were removed. Goal 3 was approved 5 -0. Board of Commissioners Meeting 03/14/2011 22 -0 Goal 4 as amended by Commissioner Davis and goal 5 were approved 5 -0. Goal 6 was approved 5 -0. Goal 7 was removed. Board of Commissioners Meeting 03/14/2011 22 -0 AN ACT TO ALLOW NEW R COUNTY TO IMPOUND MOTOR VECHLES NOT HAVING VALID LICENSE PLATES OR REGISTRATION The General Assembly of North Carolina enacts-, Section 1. The provision of Chapter 20, Motor Vehicles, of the General Statutes are hereby amended, as necessary, to allow New Hanover County to enact an ordinance impounding motor vehicles for failure to maintain valid, current license plates or registration, due to failure to maintain insurance, pay ad valorem tax, pay applicable DMV costs and fees, or other violation of law applicable to the operation and ownership of motor vehicles. Section 2: Said County ordinance may authorize impounded vehicles to be stored at a public or private facility, and may impose fees and reimbursements for towing, impounding, storage, and County administration. The County may contract with commercial haulers and towers for vehicle removal/impoundment services. Section 3: Said County ordinance may exercise jurisdiction throughout all New Hanover County, in incorporated and unincorporated areas, without the need for ratification or enactment by any municipality. Sections 4: Said County ordinance shall not be applicable to a lien holder or lien holder's agents who are repossessing a vehicle while in the course of directly exercising rights of a secured creditor. Section 5: This act is effective when it becomes law. Board of Commissioners Meeting 03/14/2011 22 -1 -1 i N I L 130 MIA 11 F-11"Wrel"Ad 04 ZKOL WHEREAS, election of the Chairman of the Board of Commissioners further empowers leadership of County government comparable to the mayoral system in municipalities; WHEREAS, G.S. 153A -58(4) permits selection of the Chairman of the Board of Commissioners as a separate office, elected for a two or four year term; WHEREAS, to implement an elected chairman, G.S. 153A -50 requires enactment of a resolution calling a special referendum on the question; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby resolves that a special referendum be placed before the voters at an election to be held on ,whether to authorize selection of a chairman of the New Hanover County Board of Commissioners as a separate office, to be nominated and elected by the qualified voters of the entire County, to serve a two year term (orfour year term)* in such capacity. Said modification in the structure of the Board of Commissioners shall be effective and in full force for that next primary /election of County Commissioners following voter approval of the special referendum. ADOPTED this the day of 2011. wilsy m d Sheila L. Schult, Clerk to the Board * Article III, Sec. 3.3, "Election of Mayor; Terms of Office, Vacancy," of the Ordinances of City of Wilmington states that the mayor shall be elected by qualified voters of the City for a term of two (2) years. Page 1 of 1 Board of Commissioners Meeting 03/14/2011 22-1-2 4 1 r. F4 � • 1 An Act to Amend the North Carolina Constitution to Limit the Terms of County Commissioners. The General Assembly of North Carolina enacts: Section 1. Section 6 of Article VI of the Constitution of North Carolina reads as rewritten by addition of the following: Provided, however, no person shall serve more than two consecutive four -year terms as a County Commissioner, if so resolved by the respective Board of County Commissioners. Section 2. Section S of Article VI of the Constitution of North Carolina reads as rewritten by addition of the following: Fourth, no person shall serve more than two consecutive four -year terms as a County Commissioner, if so resolved by the respective Board of County Commissioners. Section 3. The amendments set out in Sections 1 through 2 of this Act shall be submitted to the qualified voters of the State at a statewide election to be held on , which election shall be conducted under the laws governing elections in the State. Ballots, voting systems or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting system and ballots shall be: [ ] FOR [ ] AGAINST Constitutional amendment limiting the terms of County Commissioners to no more than two consecutive four -year terms, if so resolved by the respective Board of County Commissioners. Section 4. If a majority of votes cast on the question is in favor of the amendment set out in Sections 1 through 2 of this Act, the State Board of Elections shall certify the amendment to the Secretary of State. The constitutional amendment shall become effective beginning with persons elected in 2012. It does not affect the term of office of persons elected in 2011. The Secretary of State shall enroll the amendment so certified among the permanent record of that office. Section 5. This Act is effective when it becomes law. Board of Commissioners Meeting 03/14/2011 22 -1 -3 D t► 1 A Bill to be entitled an Act to Modify the Process of Removal of New Hanover County Airport Authority Members. The General Assembly of North Carolina enacts: Section 1. Section 2 of Chapter 404 of the 1989 Session Law is to be rewritten as follows: The Airport Authority shall consist of five (5) members who shall be resident voters of New Hanover County and who shall be appointed by the New Hanover County Board of Commissioners, and who shall meet at least once per month at the New Hanover County International Airport. Initially, the term of office of the members of the Airport Authority shall be determined by the New Hanover County Board of Commissioners, not to exceed four (4) years, and thereafter the members of the Authority shall be appointed to serve for a period of four (4) years and any member may serve a total of two (2) successive terms, after which said member may not be reappointed to the Authority except after a lapse of two (2) years following the most recent term served by said member. Each of the members and their successors so appointed shall take and subscribe before the Clerk to the Board of Commissioners for the County of New Hanover an oath of office and file the same with the County Commissioners of New Hanover County. A member of the Airport Authority shall serve at the pleasure of the New Hanover County Board of Commissioners and maybe removed, without cause, by a majority of the Board of Commissioners. The New Hanover County Board of Commissioners may, at the request of the Airport Authority, increase the membership to more than nine (9) members or decrease the membership to no less than three (3) members. The New Hanover County Board of Commissioners shall consult with the Airport Authority in filling vacancies on the Airport Authority. Section 2. This Act is effective when it becomes law. Board of Commissioners Meeting 03/14/2011 22-1-4 A Bill to be entitled an Act to modify removal on New Hanover County ABC Board. The General Assembly of North Carolina enacts: Section 1. G.S.18B -700, Appointment and Organization of Local ABC Boards, Subsection (f) Removal, is hereby rewritten to read as follows: (f) Removal. A member of the New Hanover County ABC Board shall serve at the pleasure of the New Hanover County Board of Commissioners and maybe removed, without cause, by a majority of the Board of Commissioners. New Hanover County ABC Board members are also subject to the removal provisions of G.S.18B -202. Section 2. This Act shall only apply to New Hanover County. Section 3. This Act is effective upon ratification. Board of Commissioners Meeting 03/14/2011 22-1-5 rA 4D 4DI �Mv_ KORWOU A Bill to be entitled An Act to Amend the Authorit of Boards of Commissioners in Certain Counties Over Commissions, Boards, A The General Assembl of North Carolina enacts: S ection 1. G.S. 153A-77(f) is amended b deletin the fi "425,000" and substitutin in lieu thereof the fi "200,000.") Section 2. This Act is effective when it becomes law. Board of Commissioners Meetin 03/14/2011 22-1-6 14"OOM "aAM-14 �� , , ■ ■ A Bill to be entitled an Act to modify the School Budget and Fiscal Control Act. The General Assembly of North Carolina enacts: Section 1. G.S. Chapter 115C, Article 31 is amended as follows: G.S. 115C -429, subsection (b) add the following sentence at the end of existing subsection (b): The Board of County Commissioners may make specific appropriations that the Board of Education shall spend only for the expressly designated purpose set forth by the County Commissioners. Section 2. This Act is effective upon ratification. Board of Commissioners Meeting 03/14/2011 22-1-7 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: March 14, 2011 REGULAR ITEM: 23 DEPARTMENT: Commissioners PRESENTER(S): Chairman Barfield CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: Special Board of Equalization and Review Zoning Board of Adjustment RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Committee Information Sheets and Applications COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made: Special Board of Equalization and Review Reappointed Donald E. Harris, Joe Miller and William J. O'Shea as regular members. Appointed David Taylor Turner and Linda M. Woods as regular members. Appointed John R. Babb and Bob Drach as alternates. Appointed Donald E. Harris Chairman. Zoning Board of Adjustment Appointed John Edwin "Jack" Stanton, II as an alternate. Board of Commissioners Meeting 03/14/2011 23 -0 This page intentionally left blank. COMMITTEE APPOINTMENTS SPECIAL BOARD OF EQUALIZATION AND REVIEW 1. Appoint 5 Regular Members and 2 Alternates 2. Appoint chairman Members from the following categories when possible: • North Carolina licensed property appraiser • Attorney, accountant, or other professional • Business owner Individual engaged in the commercial production of agricultural, livestock, timber, or horticultural products, or a North Carolina licensed real estate broker • Single- family residential property owner APPLICANTS: ELIGIBLE FOR REAPPOINTMENT John R. Babb --- property owner Bob Drach — business owner (mfg) Fred Gainey — real estate broker Donald E. Harris — real estate broker X Joe Miller — real estate investments X William J. O'Shea — property owner X David Taylor Turner — NC licensed appraiser Linda M. Woods — real estate broker Attachments: Committee Information Sheets Applications Board of Commissioners Meeting 03/14/2011 23 -1 -1 NEW HANOVER COUNTY SPECIAL BOARD OF EQUALIZATION AND REVIEW Number of Members: 5 Regular Members and 2 Alternates, in the following categories when possible: • North Carolina licensed property appraiser • Attorney, accountant, or other professional • Business owner • individual engaged in the commercial production of agricultural, livestock, timber, or horticultural products, or a North Carolina licensed real estate broker • Single - family residential property owner Function: The Special Board of Equalization and Review will meet to hear appeals filed by property owners on their tax assessment. Duties are set forth under Article 21 of the Machinery Act of North Carolina. Term of office: 1 year; the Board will remain active until the conclusion of the tax appeals. Qualifications: Applicant must be a resident of New Hanover County for a minimum of two years and have paid all taxes imposed by the county, municipalities, service districts, and any property tax abatements and special assessment taxes currently due. Each member must take an oath of office. Regular Meetings: As required and called by the Tax Administrator (may require weekly meetings for several months) Statute or cause creating Board: NCOS 105 -322 authorizes Boards of County Commissioners to appoint by resolution a Special Board of Equalization and Review to hear tax appeals; the Commissioners adopted resolution on January 20, 2009. CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Gregory D. Anderson U14"� Real Estate First 3/15/10 3/31/2011 6313 Sugar Pine Drive 40 4AAA*"L Appraiser Wilmington, NC 28409 392 -9009 (H) 350 -8001 (W) Donald E. Harris � 213 Dorchester Place Real Estate First 3/16/09 3/31/2010 Wilmington, NC 28412 '�""�"Q'"' Broker Second 3/15/10 3/31/2011 796 -9696 (H) 395 -8266 (W) Joe Miller �� Business First 5/17/10 3/31/2011 7103 Centallion Court Owner Wilmington, NC 28411 538 -5639 (C) 796 -1022 (W) Board of Commissioners Meeting 03/14/2011 23 -1 -2 SPECIAL BOARD OF EQUALIZATION AND REVIEW (CONY.) Revised: 5/19/2010 Board of Commissioners Meeting 03/14/2011 23 -1 -3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION William J. O'Shea Single - Family First 3/16/09 3/31/2010 Seapath Towers Property Owner Second 3/15/10 3/31/2011 322 Causeway Drive, Suite 1105 Wrightsville Beach, NC 28480 � 509 -3141 (H) 620 -1203 (C) Joseph Szaloky, Chairman Accountant First 3/16/09 3/31/2010 5205 Masonboro Harbour Drive /"t Second 3/15/10 3/31/2011 Wilmington, NC 28409 392 -2341 (H) 293 -5248 (W) Alternates: Deb Quaranta Hays Real Estate First 3/15/10 3/31/2010 6809 Mayfaire, Unit 102 Broker 3/31/2011 Wilmington, NC 28405 232 -0505 (H) 509 -7627 (W) Nancy H. Pritchett 2 Single - Family First 3/16/09 3/31/2010 5330 Megans Place Drive duZAAw Property Owner Second 3/15/10 3/31/2011 Wilmington, NC 28409 Z�;;01 791 -2827 (H) 599 -6498 (W) 4 - Tax Administrator: Roger Kelley New Hanover County Tax Department File: /E &R Board 230 Government Center Drive, Suite 190 B/C # 5.10 Wilmington, NC 28403 798 -7300 —Tax Office Revised: 5/19/2010 Board of Commissioners Meeting 03/14/2011 23 -1 -3 02/17/2010 09:12 8437406637 New Hanover County Board of Commissiomers COMMITTEE A,PPUCATION Board /Committee: SPEC BOARD OF EQUALIZ MM REVIEW Name: John R Babb - .M - Rome Address: 7401 Promontory Court Wilmington (Street) [City) PAGE 03/03 230 Governmet+t Center Drivc Su ite 175 Vvilm pit n NC 750.1 Telephone: (910) 79 R-71 49 rnx: (910) 799-7145 28 (Zip Coda) Mailinx Address If different: _ - __. E -Mail Address : Retire 4par@bellaouth.net - Home Phone: 910.2 - 85 0 8 Fax: i~ a [! : Bus Ycars Living in New Hanover County: 4 Male. � ` Female: Race: �i te ,Age: 62 (Iaror for the porpnsr o f nismrinx a crofts Section of the c o m Y" v it I ty) Emp loyer: U. S. Customs and Border Pro (A person currently employed by the agency or dcrnrtmettt for which this rppllentlnn is mnAe. moot resign leis /tier p orltinn with New Himover Ceit opnn appointment. Is accordrrce with Artltic V1, Sec tion 4 of the New Hanover Colinfy rerxnanel Policy.) Occupation: Enforcement Instructor Professional Activities: Anne Volunteer Activities -. N one W do you wish to serve on 't'hip b oard/committee? Uae my experiences and knowledge to adjudicate � -- NHC property owners tax appeals in a Mega] fair, and unbiased manner. Conff of of Merest, # e board mt?mhor b he 1 she hsq s onfyrr nr painnllal coto/ry of interest on a particular Issuil, lhn► rr aMbor chnuld slate this bellefto the olhar mombars or No / nor reapa cOva hoard dc/ring a t3v011, m9afing. rhra m o rnb n r should stele the nature o1 tits conflict. dw*111►,g rho► Ian / fin has o Senarete, prfvete or mormhiry Intere4t, RIthar d1r9cr or In dim el, In 11io Isatie tvndigr ron :!rIdmroh6n. Tha memoer sh oul0 then 9xcsiq? himaalf /har! -n If feat" s ►a lie) g on 11) o 1naltor. What areas of concern would yoit like to see addressed by tb is committee? Ensu all citizens are p :ro v, dad an opportunity to have their tax appeals previewed by a compotent body of citizens. Qualifications for serving: _ I am particularly qualified to contribute in a group environment and maintain the trust of the citizens of NHC . �� w•lSw to �lr. .r wwai. �►..i —.. �.� • r Other municipal or county. boards /comm itteeR on which you are serving: None List three local personal references and phone numbers: �. Nor. mu liam (Bill) Stanfield 791.6753 2. Dr. Richard Corbett 343.9991 3. Mr_ William O'Shea 509.3141 Date: Irabruary 17, 2010 Applicatlnm art kept nn fltc for 119 month% NEVI HANUFR CO- nr Signature: L wQ [�- Use rev arse Mde fnr nddltionaI com man tF 1 7 2010 FEB Board of Commissioners Meeting 03/14/2011 23 -1 -4 NEW Hr NO VER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 795 -7149 FAX (990) 798 -7145 B oardlCommitiee: Special Board of Equalization and Review Name: Bob Drach Email. bdrach @hmfexpress . com Home Address: 9008 St. Stephens Place Wilmington, NC 28412 ( z ip Mae Mailing Address if different: Nortt% C�,c- w_ E_ 1 ej Lu - C. 2,9 5 ►)y) (Zip Code) Home Phone: 910 Fax: Cell: 6268067632 Years living in New Hanover County: 7 Male: Female: Race: e urnpean (information for the purpose of assuring a cross - section of the community) Employer: � Expres r LLC Business: 4 Age: 4 9 A person currently employed by the agency or department for which this application is made, must resen hislher position with New Hanover County upon appointment, in accordance with Article 111, Sec. 4 of the New Hanover County Personnel Policy, Occupation: Manag Professional Activities: Business owner Turnaround professional . I nve s to r Volunteer Activities: Wilmington Waves Bas Club Inc. (501 (c ) 3 youth sports program) Why do you wish to serve o n this boaroUcommittee? Expand my commun service and involvement. Longtime interest in accounting and business issues. Skills to contribute in these areas. �or►f116ct of 1ntmW. ff a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of hi&4*r respective board during a public n*ebng. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matfer. What areas of concern would you like to see addressed by this co►rrmittee? Fairest possible resolution of taxpayer appeals. Qualms cation for serving Business owner, Cert Ma nage me nt Accountant, Certified Turnaround Professional, Homeowner, Commercial Real Estate Ow ner, XM Other municipal or county boardslcommittees on which you are serving: n one List three local personal references and phone numbers: �. Bob blarteafa (910) 313 -1312 JAN 1 9 2011 U 2 Mark Poston (910) b I(p - �p51 3 Bob Fullerton (910) 3Q 2 �1'�UO BD OF CQP,�FdISSIONERS Date: 1 Applications are kept on file for 18 months Please use reverse side for additional comments Signature - nderstend that this appointment serves at the pleasure of the New Hanover County Board of Commissioners. Board of Commissioners Meeting 03/14/2011 23 -1 -5 BOB DRACH 9008 Saint Stephens Place Wilmington, NC 28412 BDrach @hmfexpress.com, (626) 806 -7632 (c) FXPERIENCE 2006 -- present: HMF Express, LLC Wilmington, NC President and Chief Financial officer Successful management buy -out of this manufacturer from a Fortune 500 parent 2003 -- 2006: Therma -Tru, a division of Fortune Brands Wilmington, NC Vice President, Commercial Business Unit Shut -down commodity production and invested resources in more profitable niche products 200 — 2003: Robert Manufacturing Company Los Angeles, CA President • Took company from negative to positive cash flow while securing $3 MM round of financing 2000 — 2001: Roundhouse, A Targus International Company Los Angeles, CA VP operations • Corrected operational problems pre- and -post acquisition 1994 — 2000: Rain Bird Los Angeles, CA Director, Accessories Business Unit (1998 - 2000) Engineering Manager (1997 - 1998) Product Manager, Electronic Controls (1996 — 1997) Plant Manager (1994 - 1996) 1989 —1994: Deloitte and Touche San Francisco, CA Manager (1991 - 1994), Senior Consultant (1989 - 1991) 1985 —1987: Tanzania Ministry of Education /U.S. Peace Corps Songea, Tanzania A -Level Physics Instructor 1983 — 1985: Westinghouse Defense and Electronics Center Baltimore, MD Engineer, Manufacturing Support EDUCATION 1987 — 1989: Stanford Graduate School of Business Stanford, CA MBA degree 1979 —1982: The College of William and Mary Williamsburg, VA BS degree, Physics major, English minor C ERTI FI CATIONSIP U BLICATIONs • Certified Turnaround Professional (CTP) Certified Management Accountant (CMA) • Certified in Production and Inventory Management (CPIM) • Certified Irrigation Contractor (CIC) - inactive ■ "Converting a Time Based Strategy into Practice," 1996 Handbook of Business Strategy • "Use Manufacturing Standards to Drive Continuous Cost Improvement," APICS Journal • "Food Processors Join the Information Age," Food Industry Review • Advanced Level Physics (a laboratory text) Board of Commissioners Meeting 03/14/2011 23 -1 -6 NEW HANOVER COUNTY - BOARD OF COMMISSIONERS r � f t r rt rt! 230 Government Center Drive, Suite 175 w*mington, fuc 28403 COMMITTEE APPLICATION .... � . Telephone (910) 798 -7949 FAX (910) 798 -7145 -- 2011 F E 9 BoarWComMltMe: Board of Equal i z ation and Revi fm mQf ISSIONFRS Name. Fred Gainey E -Marl . Nome Address: 2526 Flint Drive Wilmington ■ NC 28481 90 Mailing Addhw if different: (City) (zO Code Home Phone: Fax: 910 -795 -47 22 Cell: 910 -620 -882 Business: 62€3 -8823 MUNNINNEEM� Years living in New Ffanoer C oUnt r 3 18 Dale: Fem81e: Race: wh i te ank matiion for the purpose of assuring a ion of the community) F j oyw self, Realtor With Wilkinson i Associates A person currently employed by the agony or department for whth this epplrcatb7 is made, must resign hk~ p oshan wth New Hanover County upon appontment, in accordance with Article V1, Sec. 4 of the New Hanover County Personnel Poficy. A 51 occup ation. Real Est ate Broker ProftssionSl Ac"es: Voluntw Activities: President of Men's Auxiliary for Veterans of Foreigh War's Post 2573 Why do you wish to nerve on this boarftor mhTee? '2° see that residents and the c ounty are represented fairly in tax appeal issues. CrvnMW of IBd~. IEf a bow d member beelioms holsft has s cavr or poterWs► co*id of intersat on a pa gadar issue, Cheat membeer shourd stets dais belief to Me other JTI�rr 6rs Of Ww lsspaa ', bowd cWng & public maeft ThB membw &*#oWd atsft ChB rmbm of dre cwff4 dpbft g* h hss a wpavb, pdvate� or frwoe&y int s� e,idrer or irrdn in dre issue uvrder corrsidbration. Tlrs nrerr�bsr ahor�ld dram enrcaus+s hi poem �dnp on dre naetW. What arcs of c would you like is see a sse-of by this committee? Qualifications for O F amiliarity of local real estate values other nwnictpel or coginty boartWconnn liff m a s on which you are serving: List three local persona rwarmces and pho numiers: 7 Lawrence Caristo 910- 51 - Z Joe Stanley 910 -512 -558 3. Carl Bry Sr. 910-- 798 -7503 Date: February 3rd 2011 AppHc are kept on No for 18 months Please use reverse skis for add►tia+riaj comm Signature 1 t�radarstand tfiat this syypolntmNierit serves et the plersu�re of the Atew Hancww Comm Board of Commissioner. Board of Commissioners Meeting 03/14/2011 23 -1 -7 01/30/2009 14:17 FAX 9103958428 CENTURY 21 BROCK 12002/002 New Hanover County Board of Commissioners COMMITTEE APPLICATION 230 Guvo►ndiont Cnsror Drive Suite 17S VithhlnktMn, NC 29441 relovhone: (910) 798 -7 t 4O Fax: (9 10) 796.7145 Board/Committee: Special $o and of Equalization and Review Name; Donald E Har Horne Address: 213 Dorchester Pl aas Wi lmi ngton 2 8 412 (street) (City) (Zlis Code) Mailing Address if different: E Address: dha Home Phone 795 -9695 Fax: 796-9 C e ll • 61 7 -8 4 395 - 82 56 B u st►�e ss= Years Living is New Hanover County: 5 Male: r ..1 Female : .�_ . Race; White Age: 5 6 [l stores ation (or the p■rpose or imsurinit a are is section of tkc c om /nun icy) Employer: Century 21 Brook 6 Associat (A peccopt ¢v rrvt dy employed by tot agency or depAr tment ror which AN opp Ilc ■tlon Is made. must resign his/her positioa with N ew H,uov er C ounty upon appslnn"emt, In nccordowcl+ irlth Article V1. Seetlgs 4 of the Now H quaver Casnty Pv room nel Policy.) occ upation . : Real Estate Sales G Marketing Frofessionjd Activities; NCAR Ri Management, NCAR Safety Con. , WRAR Legi Con. , WIi AR NLS Volunteer Aetivities: past Aest • Cub scout Leader -Pack 213, Church De aoon 6 You Le ader SACPC Why do you welsh to serve an this b(*rd /corm dttee'� To se rve my community s county by u ti 1 i z ing lay real estate experience s skill c a"M r or lnioresl, w e board member bo flevsr h / she has a conrnct ar poistwel conrl of Interest on a pe Issue, mar member should a this ballof to the other mom ba►s of his / her reap a cilve board durinp a p M obllc m o sling. rho momb or should s taro rho nature of the ca nlllal, do ralllnp rhpl Kaiaks has o a sDerate, prlvole Of to o rretar Interest, sltner direct or lridirecr, in me issue under conaleeratlon the member should then excuse himself /herself from voting on the metier Wbat areas of concern would you like to see addressed by this committee? Corre real estate valuation to ens adequate revenues for NHC to pr req and needed services. Quabliicationls for serving: Realtc►rG /Broker Ass ociate , Alccr ediations : GRI , CRS, SRES NHC Property Owner 6 Tax Payer, 25 years+ county reeid©nt Other munpal or county boards /committees on which you are serving: NHC Ports , alater►� ici City of Wilmington Golf Course Advisory Committee Ini w 11 �7 1 1 D List three local personal references and phone numbers: JAN 3 0 200 9 U I. Bill Caster, NHC Comaxi esioner, (910) 617 -9500 - - LUJI 910 474 - 4879 NEW fiAN[!V�'R C0� 2. Rick Catlin, NHC VWB Cojamzssson, ( r CaM,II SSIONERS 3. Brook Culler, Personal Friend, (910) 686 -6125 Homy • 19101 395 -9008 Business i Date: January 3 0, 2 0 0 9 ( / 'O� Signature: k1j ir vpvto- - OCA�� Appikstlops are kept no file for to mo ntho the reverse vi ror addltlonal corn sea ts Board of Commissioners Meeting 03/14/2011 23 -1 -8 I :m:Joe Miller (19107987145) New Hanover Count Board of Commissioners 14:19 0212611 OGMT-05 P 02-01 2 3 0 G o % c i n in c n t Ce ii t c i- D rtiv C COMMITTEE APPLICATION stille 1-� Wilmin W 28401 'r C lu P h onc -. t `- 10 ) '191% -7 1 Fa,%. 010 798-?145 Board/Committee: Special Board of E and Review Name: Joe Miller .......... * ------ - . ..... ....... tiome Address: 7103 Centallion Court Wilmin 28411 .............. .. ....... . ..... (Strce(l Mailin Address if different- &_Mail Address: i oe@ coastal investin com ---------- - --- Cell: 910-538-5639 Business: 910-796-1022 ........................... Home Phone: Years Livin ill Fax: 910-202-6495 New Hanover Count 14 Male: Female: Race: White A 2 7 ..... ........ .. ....... .......... - . . .......... ..... (I n fo rm a tion for the purpose o f ass v r i li IN Cross see I it) 11 4) r the C o in It% u n i t Emplo Self-Emplo (Coastal Investin LLC) . .......... (A person rurrentl emplo 1) the a or deparlmtnt forwliich this application is madt, wost resi his/her position witis -New IiAnover Count u I ) oii wi p I t twin tnit a% t. in arc or tin swee ■with A r tic It V I, S cc tio is 4 of the Nt•v limoover Count Person tie I Po Iicv. Occupation: Real Estate Investments Professional Activities: purchase, mana build, renovate residential and commercial propert . ..... ..... Volunteer Activities: Juvenile Crime Prevention Commission, Teen Court 4, . ............ Wliv (Io vots wish to serve oil this board/col,111jitte As a small business owner and member of the real estate communit I have a knowled and experience that can aid this board Conflict of interest It a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that memher shoulct state this tehef to the other mere bers of his / her resp e.-live hoard jorin a pubic meetin The memo er should state the nature o th e conflict, de tailin g t h a t he/she has a separa pftLa le or ,m onetar y interest, eilh or d►rect or indirec,. m the :ssue under con sideration The m em shoutc( then ex cus e hirps elf / he rse!f from vorfn on the matter What a re as of concern wou Id y ou l ike to see addressed b this committee? a s sur I n a 11 citizens ti z ens of the count - - - --- ---- --- - -- -- ---- . .. ........................ ......... _ are properl assessed tax value ............. ...... Qualit-ic,,itioitsfoi-set-vin business owner, own/mana over 100 units and have served on . .. .................. . ........ other boards for NHC .. .......... . . .............. . ............. I . .............. ... a Other municipal or count boards/committees on which y ou are serving: Juvenile Crime Prevention Commissio y rr CS ------ 9(5o1 Z)_ OA" 1F,n 1.3 j 9 List three local personal references and phone numbers: F 1. � _...---- .--- - - --- _�._... ._ _ .,..�_....�,....��— Karen Vali 910- 612-8917 2. Dave Spetrino 910-443-0746 Matt Scharf 910-538-9901 NEW WiOVER CO. 3 8D, Or Com Mai Date: Si .............. ....... .. ........... . ........ . . . .. ... . . A l ) I )l kAj ions A re k ept on the for 18 nit) n ths I.Se reversc side fov ;iddihollal conlinlev►ls Board of Commissioners Meetin 03/14/2011 23-1-9 EVl1 HANOVER COUNTY N BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ' Wilmington,, NC 28 403 CO MMITTEE A PPLICA TIO N Telephone (914) 798 -7149 FAX (910) 798-7145 Board /C,enroit+tee: S e4c 1 121 0 /� ` � � �4 L t R� e �v R N R7 � � ✓ / � �.t� Name: W It < t Am 0 S UJ b S A � C R R •Con? Home A ddress. V.5 E_ v A (Street) b,e STe ll•.< UJA 14 4 7s ✓lle (city) N a ,✓-C, �Hfo Mailing Address if different: (City) ( Code) ' Home Phone: a -� r 3 Fay: ►'1'1 Ceil: 1 0 - .1 d - Busyness:r Years living in New Hanover Count a, Male: Ferrule: Race: Age: jy (Information for the purpose of assuring a cross - section of the community) Emplo V 5- C $ 6 V t & (A person currently employed by the agency or department for which this application is made, must resign his/her position wit h New Hanover County upon appointment, in accordance with Article V1, Sec. 4 of the New Hanover County Personnel Policy.) Occupation: SP��/}L �}G��v� ��✓ ChllaGG •�. ��5 i��c''T 4�aR o f �u sl��5 �� Professional Activities: k � � o L'up, � L ✓I J D � �. S � w� `w► • w G i ° ,�/ ��r j�TGe • /4'S? - �s ��` � Volunteer A ctivitiesW V L u A & ,/ - K e.-COF 1 Why do you wish to serve on this board/committee? P l o- k e 13 1 ! . & eLeLSic A e n ►'�� S � '� C , La"t asc ar� e/ b ts►r C ry _j R Q < osur 4- p Coaftict of Interest. If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, th member should state this belief to he other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary interest, ether direct or indirect, in the issue under consideratio The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualrfrcatrons for serving: IE ±E" I it A/ C'q1 4 2 01 X C AV 7 P'C' Va L I M 6 L V w 0101 Z!A.W. - Val W%Tli PrPre SeAeo> v 4e- o cs lr*-wP,+A h.05, J . f L/&-. S 4 .-- 4 . c LA wv Other municipal or county boardslcommittees on which you are serving: List three local personal references and phone numbers: I 'moo G � a ! t e k► A�, 4 I,iy ►r, �{ e,�.e4 �' k., j r�ro °t. 4 a IN .�- maw D ,`]0 2. 'r ;L rL L00 o a ' L Vti 0` X / 0 �'1 3 A , � Ht vare: 3 s � `� App6c bon are kept on nle f F s MAR - ? 2009 NEVtH NDUFlUoi0imissioners eeting BD. DF COMMI55I rK2011 (Zip Code) Please use reverse side for additional comments R A C. KC440 v+wo 1] S v P% w% A ity I�A�kcRo�NA s�m.n�ay rn y en q iuT-O --- v. S . C vs o✓� -s SeR vi ce _3 oyR Ak 4a C.. i S -R s <z" j ktc T o � � ✓ s r � m � �- 5'r c e o ,�' yi. �. Co�v�vfi'e� A t�y►'��r✓�si�AFi� de 1��4�@.��63� Relai 1 ✓L fp"l Fe �,e t 4 L Vi eL�Tre.vS� / N✓`o L.I ('�,1�iT A % v e ►'J{ SStsSf+lew� �,vA CO C e ?7 - Ll — l� r o 6 K L / V L 7-1;,000i, V, < 9-c OM Y A S A M � -- SPe ct,Q L 6eAl i C' o wn. i t•� ��ri�.� ll r (,e AJc� C°aR�s 3 y C.4,t S 6 Board of Commissioners Meeting 03/14/2011 -. 23 1'= .l_ 02/ 9107921290 DAVIDVRNERA7AISALS New Hanover County Board of Commissioners COMMITTEE APPIICA'TION BoardlCommiltee: spial Board of agoalizati � on and Review PAGE 01 230 0e COMM Drive Suite 175 Wilmiegloa. NC 22403 Tele9ko"v: (914) 799 -7149 Fux; (910) 790 - Ailu�ue: David Taylor Turner Home Address: 4221 Croke tte Rd Wi 1ai ngton r NC 28409 (Street) (City) (Zip Cade) Mmilist Address if di#fere t: S aare as above F Add ross: 4t 62154@ *ol . coo .9 - 4523116 . 910- 792 -1290 910- 612 - 5 911 dusirwss: 910 - 4 Ho�n� Porter. fQlf Years Lirirt In • 16 Male: Female: Ruce: Ca►ucas i an Ate: 5S N ew Hs nowr County: (/afar• etie% air the par pee of ntrrirg ■ tire n ■ectiea of the c on =am ;tA Employe etc of Anrri (A persev e rres dy em$eyed by th fteaey or deper owes t (er whleb ails ■pplleetlow is "ads, most ccsisr his/her p" Was with New IR No sr C esnrd► e!s/ rpp i. ■ccerW rrilb Ardek V See der 4 of Me P40v U44 C er■1Y to "e0 001 Pe*y--) 400n�rtdnn. Re sidential Real Estate Apra NC A -- 4309 1wrofesaisnsl Atty s: RE ARpra sar for MX, WRM I NC Proles s ioual Appraiser Caali UM (MCPAC) Vohrtes r Awtl des: Why do r or wbb to serve m this bawd /emmittee? r have the ti" ad o d ld like to contribute my Professional experti to the c munl ty and the tax V*yer■ of NUC cOe HAte of &WM#r F e 09WO 0"OniQer b elieves its / ens Ass s conreot or poisswel con111pt or AH+erwt on a pentuier issue, that member should ehM this deirerto do omor msmbrr= Qr 11151 Aer.rspiee board du11RQ h pupllc n+■ ■tiny. The member thou/0 state the nsturs or me conflict, detslHnd Chef WiAN hue a sspersh, W004 or ►oon+tsrY lnorow, timer dirod or indirect, in Ifte tseue under consideration. Tile meMOor should then excuse himself / hareslf I ron wv 11nQ on Mf Al H er. Wkst areas of camera .could you ttke to see addressed by tbfs committee? Rqui tabs 1 i ty in real ■state taxation asses si ents 4bfkstions for serving: Licensed appraiser practicing i /dada Hanovrr C mince 1977 State Certified since 2000. - '� Other municipal or coa�sty boards/committees on wbkb you are 8� ■t: � List three lstsl penonel referesc= mud phim a numbers: i. Jazy pall!■ 910 -762- -7404 � �t� ?�{�a��'FR r'o r A. H.A "Sa Williaes 252 -- 29 1+-1200 3. Cory [lore 910 --256r -6097 Date: rebruary 18 r 2010 Signatr Use * ri erse side fdr addllbmW cost aea M App4 atless are kept eR Me for I ■ mrw Board of Commissioners Meeting 03/14/2011 23 -1 -12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ��, NC 2eNO3 COMMITTEE APPLICATION Telephone (810) 798 -7149 FAX (910) 798 -7145 s B Commiffee: °` C'C � r f eard� �. Horne Mailing Address if different.- (CRY) { 0 Code)- Home Phone: � Fax: //0 'o��s ��l a Celh.1� /Q o�33'�� 8usiness:„�,,� � No Years living in ` Now Hanover County: Male: Female: Race! �� Age: (lnforrnatbn for the perrposo of assuring a cross-section of the m+r munky) lea Employer. . ..�- A per ourren emp by the egency &parunent for which this application is made, rnust resign hWher poshm Now Hanover County upW appmhtrnvM in accordance with Article V!, Sec d of the New Hanover County Personnel Pof+cy Occupation: Professional Activiaes-t—')i `_Y_: �� Z� Volunteer Acir'vitres; e4' �Z&�O ................. .4 Wiry do you wish to some on this boardlcorrtm ttee? t,4 t I.e-7 - /U t7uf co of hKemst: f a board n*mbo b944 he/she has a convict or potwvw cvnf is of erect on a particular low, that member should sale this beef to the other members of Natf r respective board durft a public nwetft. The member shoW state the nOwe of the conftf, detaftg that hwthe has a separate, private, or monetary kwawt either dlreot or /inflect, In the issue unoW cor+skWation The mender shoed then excuse hlrnselt/hersef from voting on the rxWler. What areas of concern would you like to see addressed by this committee? Y64 r A a ------- i�& r Qualfficad ■ servin 4az o' �.. r ........... 'OV M-L r t Other municipal or county boards1committees on which you are searing: y �r 2 ! Date/ la 11L Appffcafi arb kept Please use reverse sid for r7--- ') tro Pt Ohat s appok&Awi � aft the New Hanover County Board of Comn'dssionem r� List three local personal references and phone numbers: This page intentionally left blank. Board of Commissioners Meeting 03/14/2011 23 -1 -14 COMMITTEE APPOINTMENTS ZONING BOARD OF ADJUSTMENT 1 VACANCY FOR ALTERNATE MEMBER UNEXPIRED TERM - 12/1/2013 APPLICATIONS A. Michael chambers Chad McEwen John Edwin "Jack" Stanton II Attachments: Committee Information Sheets Applications ELIGIBLE FOR REAPPOINTMENT Board of Commissioners Meeting 03/14/2011 23 -1 -15 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT Number of Members: 5 plus three alternates Ex- Officio: Planning Director Term of Office: 3 years Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the Lucie F. Harrell Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC. Compensation: $20.00 per member per meeting plus auto mileage Statute or cause creating Board: N.C. General Statutes 153 -A -345, 266.17. The Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to be appointed from different areas within the County's zoning jurisdiction. Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were possible for the legislative body to write a perfect zoning ordinance which would meet the needs of the community while at the same time avoiding hardship in individual cases, there would be no need for this board. Because that has been found near impossible, the Board of Adjustment has been introduced as an integral part of almost every smoothly operating zoning enforcement mechanism, serving as a "pop -off valve" to relieve pressures resulting from hardship cases. In New Hanover County, the duties of the Board fall into two general categories: Interpretation and Granting Variances. Interpretation: The function of the Board of Adjustment which is most closely similar to that of the courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations, and, if necessary, (c) correcting any mistakes or abuses of discretion which the Building Inspector may have made in administering the Ordinance. In exercising this power, the basic principle for the Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret and apply what the governing body has written, not to vary that legislative pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes to be the actual meaning and intent of the Ordinance. Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of the Ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public safety and welfare secured, and substantial justice done." Basically, a variance is a permit, which the Board may grant in certain situations, enabling a property owner to make use of his property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain are such as to create hardships in complying with these requirements. Sometimes the lot is located in a cluster of nonconforming uses which will prevent the owner from securing any reasonable return from his land if he complies with the Ordinance (as where a lot in a residential district is surrounded by nonconforming business structures). When the Board grants exemptions from harsh provisions, it is "granting a variance." Board of Commissioners Meeting 03/14/2011 23 -1 -16 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2 Finally, it should be noted that there is a good bit of "law" connected with the duties and responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one considers the importance of its decisions which expand or limit property values. These are issues which must not be dealt with casually or arbitrarily. The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by Michael B. Brough and Philip P. Green, Jr. Revised: 3/2/11 Board of Commissioners Meeting 03/14/2011 23 -1 -17 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Robert F. Cameron, Jr., Chairman First 11/19/07 12/1/10 5119 Nicholas Creek Second 11/15/10 12/1/13 Wilmington, NC 28409 313 -1961 (H) 762 -9635 (\/V) Peter M. DeVita First 11/15/10 12/1/13 7108 Key Point Drive Wilmington, NC 28405 509 -3055 (H) 262 -2113 (C) Eric C. Hickman, Vice - Chairman Unexpired 4/21/08 12/1/08 2027 Gray Walsh Drive First 11/10/08 12/1/11 Wilmington, NC 28405 256 -2219 (H) 793 -4400 (V\I) Justin Michael Lewis First 11/16/09 12/1/12 3702 Providence Court Wilmington, NC 28412 919 - 414 -8410 (H) 794 -4880 (W) Noelle M. Winstead First 11/10/08 12/1/11 1305 Carolina Beach Avenue, N., Unit A -3 Carolina Beach, NC 28428 458 -1377 (H) 470 -1940 (C) ALTERNATES: First 11/10/08 12/1/11 Michael D. McCulley, Jr. 6102 Lydden Road Wilmington, NC 28409 547 -5185 (C) 251 -2500 (W) Joe Miller First 11/15/10 12/1/13 7103 Centallion Court Wilmington, NC 28411 538 -5639 (C) 796 -1022 (C) O. Frank Roberts RESIGNED First 11/15/10 12/1/13 1639 Flounder Lane Wilmington, NC 28409 279 -0823 (C) Revised: 3/2/11 Board of Commissioners Meeting 03/14/2011 23 -1 -17 New Hanover County Board of Commissioners Board /Committee: Name. Hom �. ] 1-oo Address: ( City) (zi ode) (Street) CP411 Mailing Address if different: E -Mail Address: j4 ny, M z %..Ozw� _ _ Va � Ce j Business: Home Phone l'� Years Living in 1�� Hanover County: Male: : -.r Female: � Race: Age: New H y (Inform ation for the purpose of assuring a cro ss sectio n of the c om mun ity) Employer: (A person currently employed by the agency or department for which this application is made, must resign his/her position with Ne Hanover County upon appointment, in accordance with Article V1, Section 4 of the New Hanover County Personnel Policy.) t ^A Occupation: r t7 r' C" I nl� F 10,47 etc 1 Professional Activities: E—, 1�\/75 Mj W N.W.If 1%0 loor W y f Volunteer Activities: 216 � b Zbg() ,US C �V��c�lV�Inter.�� d Why do you wish to serve on this board /committee? ' ' `'F L) rJ Pjklo-li 0AN Conflict of Interest !f a board member belie s he I sh has a conflict or potential conflict of interest on a particular issue, that member should st t6 belief to the other members of his I her respective board during public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself I herself from voting on the matter. 0 What areas of concern would you like to see addressed by this committee? "V1 r Qualifications for serving: _ COMMITTEE APPLICATION a PI i' �' Il►1 �/ WN, - Other municipal or county boards /committees on which you are serving: r F-1 List three local ersonal references and phone numbers: P Z 3. --R 1 ,2 Si nature: Date. _ . g Applications are kept on file for 18 months Board of Commissioners Meeting 03/14/2011 23 -1 -18 6 t, r ( 67- 1 230 Government Center Drive Suite 175 Wilmington, NC 28403 Telephone: (910) 798 -7149 Fax; (910) 798 -7145 NEW HANOVER CD. BD. Of COMMISSIONER I Use reverse side for saairi cum men t3 A. Michael Chambers AnnMktglnc @aol.com 8944 Woodcreek Circle Home: 910 --681 -0385 Wilmington, North Carolina 28411 Cell: 910- 409 -4290 Experience: US Patent and Trademark office (USPTO) Alexandria, Virginia Primary Patent Examiner -- Expert Rating: Fluid March 1975 to March 2007 Handling, Vales and Valve Actuation • Processed and examined patent applications for quality and productivity. • Trained and managed assistant patent examiners. • Utilized knowledge of engineering practices, mathematics, building materials, manufacturing technology and related physical sciences to examine specifications and drawings of patent applications to determine the patentability under pertinent United States codes and pertinent case law. • Extensively used computer software to search the state of the art of the subject matter of a patent application, write a professional evaluation of that application and electronically transmit that evaluation to the USPTO from a remote location, • Structured and maintained a docket of assigned patent applications so as to exceed assigned USPTO production goals. US Army Corps of Engineers Vicksburg, Mississippi Civil Engineer- Waterways Experiment March 1973 to March 1975 Station -- Chesapeake Bay Model Project • Helped to design, oversee construction and operate the largest physical fluidics model of a fluid estuary ever constructed. • Helped to develop early computer control of model parameters, methods and equipment to collect data and simulate changes of physical parameters on the model. This allowed the evaluation of the effect of those changes prior to their being made on the Bay estuary. • coauthored published technical reports of the verification and operation presented at fluidics related symposiums. ■ Supervised and trained other engineers assigned by the corps to the model. _Education: North Carolina State University Raleigh, North Carolina Master of science - coastal and ocean Engineering 1975 [forth Carolina State University Raleigh, North Carolina Bachelor of Science- Civil Engineering 1973 Awards: US Department of Commerce Bronze Medal US Government Distinguished Career Achievement Award US Government Quality, Special Achievement,and Productivity Awards 1975-2047 Licenses: Registered Agent US Patent & Trademark Office Registration Number 81,084 North Carolina Professional Engineer License Number 027954 Maryland Professional Engineer License Number 1 0919 Publications: "Verification of the Chesapeake Bay Model, " Technical Report HL- 81 -14, 1981. Vicksburg, MS: Waterways Experiment Station References: Available upon request Board of Commissioners Meeting 03/14/2011 23 -1 -19 NOV /01 /2010M.0N 07:22 AM FA:d No 910 ?S9 6644 P. 001/001 NEW HANOVER COUNTY BOARD of COMMISSIONERS 230 Govemmenl CenlerDrive, Suite 175 Wilmington, NC 26403 Telephone (910) 798 7749 FAX (910) 798 COMMITTEE APPLICATION Board1t ommlttee. Zoning Board of Adjustment N&Me. Chad IMlcftan E - chadmoe�en@ gma U. C� Horne Addrear. 2 Shore Point Drive Wilmington 28411 e Mailing Address if different: n/a {c4ty} (ZO Cade) Home Phone: (910 604 -2100 J= (910) 25 9 -6644 Coll: ( 910) 604-2100 Business: Years Irg in New Hanover County. 14 �s Male: v Female: _ Race: Whit - - -- Age: 32 (Jntormatbn Awthe purpose ofassuring a cress -sooWn of the nwngy) ,m Town of Buxvaw A parson cumwtly employed by the agency ordepartmerrt for whkh this eppfrcatian is made. must resign hislharpos - K - n wth New Hanover County upon appointmnt In accordance with A►�cb V4 Sac. 4 of the New Hanover County Personnel Poky. C)MUpadoftR Pla nning Director Professional Activities: S'area s on Several technical advisory boards related to my employment VolunfeerACdVides: NC B]Luabarry Feati.val and church activities Why do you wish to see on this boarftommittee7 a t1iink 1 ha a firm understanding of the role of the Board of Adjuatment having been involved in these meeting for aver 6 years, ConflAa ar ihtaraet tr a bowo member DeVMms ltsne pas a cordict or pofonUa l conRict of inhw9st an a parkular issue. Met member should state b m s beAer io the offer members of hkgw mpwbw beard dL#ing a publk meahng The marnber should state the nature of the cWlcf, o*aoing Mt he/sw pas a Wara b, privak or monebiy inbwt sides aVred or kx6act in the issue urAer consldersf/an. 77* nwrmeroWd then excuse rdmse"erWf m Young on vim matter. What areas of c on cern wou you like to see addressed by this committee? _ would like to see the Hoard continue to serve ita proper statutory functions as outlined in NCGS 16OA -388. C uamcatlons for serv ing: I have worked as the Planning Director for the Town of Hurgaw for near 6 - and I + m well versed on the functions of Zoning Boards of Adjust=ent tether municipal or county boardelcommittees on which you are serving: n LJAt three local personal r up aces and phone numbers: ) 1. Dr. lurk T rial (910) 962 -3000 NOV 1 2010 Lu I 2. Kenny Willson (910) 043 - 4471 Ni HANOVER C .1 L uxe Hesse (910) 604 -0912 BD. OF COMMISSIONERS Daft ■ 1 1- r ID AW11ca ffms we kW on file for ft ononft Pkww use reverse a* fw addldonal commenft signature • 1 r ridarstar� at app k4wer9 serve at fie plleaswe of 1ho Courdy Board of Commhwio�_ Board of Commissioners Meeting 03/14/2011 23 -1 -20 Oct 21 18 10: 36p j stanton 9104585853 P.1 NEW HANO VER COUNTY BOARD OF COMAiISSIONERS 230 Government Center Drive, Suite 175 Vllilrrringivn. NC 28403 OMM[TTEE APPLICATION Telephone (910) 798- 7149 FAX (910) 798 -7145 BoardlCommittee: zoning B oard of Adjus Name: John Edwin "Jack" Stanton 11 F -Mail: j*s tanton2@gmad:lo.com Home Address 708 Carolina sands Dr. camolina Beach 28428 (St reet) [p o e Mailing Address if different: (Zip C ode) Home Phone: 910- 4 58 -5853 Fax; Cell: 910 -366 --7302 Business. Years living in New Hanover County: 12 Male: Ferrule: Race: Age: 47 (Information for the purpose of assuring a cross section of tl, t: community) Employer. Titan Auto Unlimited, Inc A person currently employed by the agency or department for which this application is made, must resign his/her posbon wdh New Hanover County upon appointment. in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Occupation sales Manager Professional Activities Runa.i a Pre - Owned Auto Dealership Volunt Actin ides: Breazeale for Congress, Veterans Co- ordinator /fund raising Why do you wish to serve on this boarckomrWHee? In order to serve my fellow citizens and ensure their voice in the comulni Conflict of lntemsr If a board member believes owsne nas a con 6icr or potential conflict of interest an a particular issue. that member shot:id state this belief to the other members oI hisAyer respective boar' during a public meeting The member should state the nature or the conflict, detailing that he/she has a separate, pnvate, or rnoneteuy mWast, either direct or-rnduect, in the issue under Consideration. The rnember should then OXCUSe himselfiherself from voting on the matter. What areas of concem would you like to see addressed by this committee? zoning applied fairly and equitably to all of our citizens, both coporate and private. Qu alifications for serving _ hAve =Anaged local businOsses for years as well as I am a citizen of New $ anover County. Other municipal yr county boardsJcorrwittees on which you are serving: List )hose local personal references arrd numbem: Ll 1. Ra ymond J ry 910-409-6894 OCT 2 1 2010 L 2. Tohn Rugala 910 -620 -9309 A 36 . Guynelle ar oome '910- 458 -5324 BF OF l►n�r' '�,!ISSION fRS Date: 1 -21-10 Signature Applications are kept on file for 18 months 1 understand that this appointment serves at the pleasure of the New Hanover County Board of Commiasianera_ Please use raevowe side for addtorral conrniems ■ Board of Commissioners Meeting 03/14/2011 23 -1 -21