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Agenda 2007 10-01 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Human Resources Training Center, New Hanover County Government Center 230 Government Center Drive, Suite 135, Room 401 Wilmington, NC WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD October 1, 1007 5:30 p.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCA TION (Patricia A. Melvin, Assistant County Manager) PLEDGE OF ALLEGIANCE (Vice-Chairman Robert G. Greer) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of a Proclamation to Recognize October 1-7, 2007 as "Textile 47 Heritage Week" in New Hanover County 5:45 p.m. 2. Consideration of a Proclamation to Recognize October 2007 as "Domestic 53 Violence Awareness Month" in New Hanover County 5:50 p.m. 3. Consideration of a Proclamation to Recognize October 7 -13 as "Fire 55 Prevention Week" in New Hanover County 5:55 p.m. 4. Consideration of Offer to Purchase Surplus Parcel 57 6:00 p.m. 5.1 NOTE: The Board will consider a request by the petitioner to continue 59 this item to November 5, 2007. Public Hearing Special Use Permit (S-578, 9/07) - Request Ward & Smith, P A for GL T Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road and 5635 Wood Ridge Road in the Transition Land Classification 6:20 p.m. 5.2 Public Hearing 75 Rezoning (Z-873, 9/07) - Request by Jesse Yates and John Thompson to Rezone Approximately 4 Acres Located at 5111 and 5119 Carolina Beach Road in the Urban Land Classification from CD(O&I) and R-15 to B-2 Highway Business District (the change would allow a wide range of commercial uses) 6:50 p.m. 5.3 Public Hearing 89 Modify Special Use Permit (S-004, 1/77, Mod. 9/07) - Request by Stuart Smith to Modify an Existing Commercial Marina Permit on 2.02 Acres at 2107 Middle Sound Loop Road in the Conservation and Watershed Resource Protection Land Classification to Add a Clubhouse and 3 Residential Building Lots 7:10p.m. 5.4 Public Hearing 131 Special Use Permit (S-579, 9/07t- Request by Generation Builders to Place a Community Boating Facility in an R-15 Residential Zoning District on Whiskey Creek for Masonborough Plantation Subdivision off Donnelly Lane in the Conservation Land Classification 7:25 p.m. Break 7:35 p.m. 5.5 Public Hearing 145 Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI, Creating Section 69.18: Traffic Impact Review Process 7:50 p.m. 5.6 Public Hearing 155 Text Amendment (A-358, 4/07) - Request by Staff to Amend Sections 23-62, 23-62.1, and 72-37 Relating to Conditions for Community Boating Facilities and Private Residential Boating Facilities as Neighborhood Amenities to Residential Subdivisions 8:05 p.m. 5.7 Public Hearing 159 Text Amendment (A-360, 8/07) - Request by Staff to Amend Section 51 of the Subdivision Ordinance Increasing Maximum Dollar Amounts for Guarantees ofImprovements from $100,000 to $8 Million 8:20 p.m. 5.8 Public Hearing 163 Text Amendment (A-364, 9/07) - Per Legislation - Allow Amateur Radio Antenna up to 90 ft. with Minimum Practicable Regulation Necessary to Accomplish the Purpose of the County 8:30 p.m. 5.9 Public Hearing 165 Street Renaming (SN-I03,09/07) - Request by Robert Harris Walker to Rename Turner Nursery Road (SR 1406) to Deep Creek Run Located Off Mason Landing Road, Middle Sound Community 8:40 p.m. 6. Public Hearing to Consider Approval of a Proposed Economic Development 169 Incentive Grant to GE - Hitachi Nuclear 8:50 p.m. 7. Public Hearing to Consider Approval of a Proposed Economic Development 171 Incentive Grant to INVISTA 9:00 p.m. 8. Introduction of Wayne Drop, Mascot of the "Water Use it Wisely" Water 173 Conservation Program 9:05 p.m. 9. Consideration of a Resolution Endorsing the 10- Year Plan to End Chronic 175 Homelessness and Reduce Homelessness in the Cape Fear Region 9:10p.m. 10. Consideration of Mason Inlet Maintenance Event 179 9:25 p.m. 11. Second Reading 181 Consideration of Revisions to New Hanover County Code, Section Five: Animals & Fowl 9:30 p.m. Break 9:40 p.m. 12. Consideration of a Resolution for the Authorization and Sale of New Hanover 183 County's $50,000,000 General Obligation School Bonds, Series 2007 2 9:50 p.m. 13. Meeting of the Water and Sewer District 189 10:30 p.m. 14. Non-Agenda Items (limit three minutes) 10:35 p.m. 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:45 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Notice of Temporary Meeting Location Change The Board of Commissioners will conduct their meetings in September and October 2007 at the New Hanover County Government Center so that renovations may be completed at the Historic Courthouse. The meeting location details are: New Hanover County Government Center 230 Government Center Drive, Suite 135 Human Resources Training Center Room 401 3 MEETING OF THE WATER AND SEWER DISTRICT Human Resources Training Center, New Hanover County Government Center 230 Government Center Drive, Suite 135, Room 401 Wilmington, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 9:50 p.m. 1. Non-Agenda Items (limit three minutes) 9:55 p.m. 2. Approval of Minutes 191 10:00 p.m. 3. Adoption of Ordinance for Budget Amendment 08-041 193 10:05 p.m. 4. Consideration of Award of Contract for the New Hanover County 2003 Water 195 System Enhancement Project, Gordon Road Section and Adoption of Ordinance for Budget Amendment 2008-33 10:15p.m. 5. Consideration of Award of Contract for the New Hanover County Water 201 Treatment Plant and Maintenance Facility and Adoption of Ordinance for Budget Amendment 2008-32 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Approval of a Sponsorship Request by the North Carolina Beach, Inlet and 9 Waterway Association and Adoption of Ordinance for Budget Amendment 08- 036 3. Adoption of State Road Resolution 11 4. Approval to Submit Grant Proposal to Senior Health Insurance Information 13 Program (SHIPP) in the Amount of $10,000 5. NOTE: This item has been withdrawn. 19 Approval of Award of Request for Proposals (RFP) 08-0098 and Contract 08- 0098 to HealthMate Home Care, Inc. to Provide In-Home Aide Services 6. Approval of Board of Education Capital Outlay Budget Amendment 23 7. Approval of Disposal of Surplus Equipment and Vehicles through County 27 Auction to be Held November 3,2007 8. Adoption of Ordinance for Budget Amendment 2008-31 41 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman William A. Caster Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Board of Equalization and Review meeting held on September 11, 2007 and Regular Session meeting held on September 17, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: William A. Caster, Chairman Contact: Cam Griffin SUBJECT: Approval of a Sponsorship Request by the North Carolina Beach, Inlet & Waterway Association BRIEF SUMMARY: The North Carolina Beach, Inlet & Waterway Association (NCBIWA) is seeking local government sponsorship for the main event, a luncheon, at their annual conference November 12-13, 2007. The cost of the event is $6,000. New Hanover County is being asked to jointly sponsor the event with the Town of Carolina Beach and the City of Wilmington ($2,000 each). RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider request and approve related budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. 08-0369-18-07.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-036 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-036 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Non-Departmental/Outside Agencies Exnenditure: Decrease Increase Non- Departmental: Contingency $2,000 Outside Agencies: Contribution to NC Beach, Inlet & Waterway Assoc. $2,000 Total $2,000 $2,000 Section 2: Explanation Contribution of $2,000 to NC Beach, Inlet and Waterway Association for the luncheon at their annual conference on November 12 - 13, 2007. With approval of this budget amendment, the amount in Contingency is $498,000. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-036 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following roads and requesting the Board adopt a resolution in support of adding said roads to the state system: Sherman Oaks Drive, Shire Lane and Shady Brook Lane in Shenandoah Woods subdivision (Div. File No: 1094-N). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt standard SR-2 resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ -. .....~: NCDOT Request Letter.pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 , . " STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAELF. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GoVERNOR SECRETARY September 12, 2007 I~ IE (c IE 8 IM'IE ~ I Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners .. " .. SEP 1 7 2007 ..... 230 Government Center Drive, Suite 175 Wilmington, NC 28403 NEW IIMlOV(R CO !lO. or COMMI$SIIlN(RS Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of Sherman Oaks Drive, Shire Lane and Shady Brook Lane in Shenandoah Woods subdivision (Div. File No, 1094-N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If we may be of further assistance, please call John Diaz at 910251.2655. Sincerely, 1!::rtt:: District Engineer A WL:jdd Attaclunent: Map : . ,." - ;..,. '. . m . I " " " .-/' .:1 ~ . ".' .1 . ~.. " ;"'~ , , '":t " 300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910)251-2759 .- ~'- ,. ~ . <"""~"~"--,~ 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 4 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Approval to Submit Grant Proposal to Senior Health Insurance Information Program (SHIIP) in the Amount of $10,000 BRIEF SUMMARY: The Department of Aging requests permission to submit a grant proposal to the NC Department of Insurance Senior Health Insurance Information Program (SHIIP) in the amount of $10,000. The grant will support the existing Prescription Assistance Program from 10/1/07 until 6/30/08. Grant monies will be used to cover salary of one part-time temporary staff person (existing position), supplies, and development of a Medicare educational outreach program. There is no required County match and no requirements to continue funding for the program whenever grant funds are no longer available. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend authorization to apply for SHIIP Grant. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: SHIIP Grant application REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 Program for Community-Based Medicare Part D Outreach and Enrollment Efforts Attachment I Specifications for Implementation Plan AGENCY INFORMATION: Name: New Hanover County Department of Aging Contact Person: Annette Crumpton, Director Address: 2222 $. College Rd., Wilmington, NC 28403 Email: acrumpton@nhcgov_com Telephone: 910-798-6400 Agencv Information/Use of Funds The New Hanover County (NHC) Department of Aging (DOA) has experienced tremendous growth since moving to the Senior Center facility in 1992. Today, the organization offers programs to over 12,000 persons each year age 60 and older. Certified a "Center of Excellence" by the NC Division of Aging and Adult Services, it strives to provide services which promote wellness, encourage independence and enhance the quaUty of life for all older persons. Today, the DOA is preparing for the wave of baby boomers that will turn 60 in the coming years. These increased numbers will require stronger financial and staffing resources to meet the emerging needs. The SHIIP Program and the Prescription Drug Assistance Program are both housed in the Center which is recogniized by older persons as a focal point for information, programs and resources. If awarded this grant, the focus will continue to be on reaching NHC residents with limited income and resources and to assist them with applications for the Low- Income Subsidy (US) and/or NCRx programs. In addition, grant funds will be used to expand one-on-one counseling, assistance and enrollment services as well as funding community outreach events and new initiatives. The third component will be to develop a local Medicare Partners Coordination Committee that will meet regularly in an effort to expand county level programs. Imolementation and Target Poculation Imp.lementation will begin 10/1/07. DOA has extensive experience and success providing Part D assistance and information to seniors in NHC since the inception of the Prescription Drug Plan. CMS data indicates some 60,000 persons in NC who may remain eligible for extra help. While the percentage of 14 this total is low for NHC at .014%, it potentially represents 852 individuals. These seniors need to be reached and a determination made as to whether they qualify based on both income and resources. The remainder of the focus will be on those seniors needing assistance in changing plans to better meet their drug needs, those just becoming 65, and counseling SSA-disability recipients. We estimate that 900-1,000 individuals will benefit from the program in 08 and expect outreach efforts to reach more than 5,000 seniors. Previous Exoerience/Results in ProvidinQ Outreach and Enrollment Activitie$. Following the initial enrollment period, NHC ranked #7 out of 101 counties in NC with Part D enrollments and assisted with 485 LIS applications. The CMS estimate of individuals in NC still eligible for the LIS (l 00 counties) shows that while NHC is 71h highest in Medicare beneficiary population (28,936), it is 131h lowest in estimated number in the target audience (2.944%).. InJuly 05, DOA received funding from the NC Health and Wellness Trust Foundation. This ended 6/30/06 but the need to conti nue the program was growing. From J uly- October 06, the Prescription Drug Coordinator counseled 211 individuals and completed 16 LIS applications. DOA was the recipient of a SHIIP grant for November and December 06. The Prescription Drug Coordinator salary was paid under the grant, and the totals for that period included 20 LIS applications, 44 NCRx applications and counseling to 295 IndMduals. From July-December 06, the SHlIP program served 339 clients with 22 media and 31 outreach events. In January 07, DOA was fortunate to receive a smaH grant from the Champion McDowell Davis Foundation in support of its Medicare program and this continues until the end of the 07 calendar year. However, the demand for assistance this year has been greater than anticipated due to unforeseen problems with Medicare enrollment issues during the first quarter of the year and then aggressive marketing by Medicare Advantage Plans. From January through September of this year, the Prescription Drug Coordinator counseled 421 Individuals, completed 22 US applications and helped disenroll 48 people from Advantage plans. It is expected the monthly volume will increase dramatically as we near the annual open enrollment period. From January-June 07, SHIIP reported 10 media and 15 outreach events and 400 clients served. Outreach Plan and Collaboration Strategy The most important aspect of the program so far has been to provide a resource where people can get answers to their questions. Offering a local access point 1 - 15 in the county is critical to successfully meet the needs of this constituency, to help alleviate some of the stress and financial problems now being experienced by many seniors, and to reduce burdens that have been passed along to family members because of drug bills that are beyond the means of many Medicare recipients. DOA is committed to put into place creative strategies that will focus on identifying LIS and NCRx potential beneficiaries and to respond to all health insurance issues confronting seniors in our community. While data collected over the past several years allows us to project the number of people who are likely to seek counseling, it is difficult to put a number on those who may still qualify for the LIS and/or NCRx. The resource limitation is a major impediment to some who may otherwise qualify. What we can commit to is to make every effort to reach those individuals and to document those efforts. The Prescription Drug Coordinator works closely with the SHIlP coordinator and the network that was established with the introduction of Part D continues to be strong with many referrals from pharmacists, county agencies, Social Security Administration, phYSicians, social workers and the New Hanover Regional Medical Center pharmacy. We still realize benefits from mailings to churches and plan to continue those presentations and place notices in Sunday bulletins. We partnered with the Dept of Health to provide packets to seniors as they received their annual flu shots, a four-page newsletter will be widely distributed to pharmacies and health care providers, and a monthly Medicare Bulletin is posted and distributed at the Senior Center. We willi continue to take advantage of media opportunities and may partner with pharmacies such as Wal-Mart to staff an LIS information table on- site during the open enrollment period later this year. In addition, plans are underway to develop an US flyer to be distributed to county residents (estimated at 2,500) as they visit the Senior Center for tax return assistance during February and March 08. This is mostly a lower income group and, while they may not be Medicare-eligible, the flyer will carry the notation "Please pass this on to a family member or neighbor." Finally, DOA will serve as the lead agency responSible for establishing and convening local partners for quarterly meetings to discuss updates and changes to the health insurance products and benefits available to Medicare recipients. Members will potentially include staff from DOA, DSS, SSA, Cape Fear Council of Governments, SHiIP, local pharmacies, and the NHC Department of Health. " 16 Attachment II Budget Attachment II Provide a budg:et summary explaining: how your agency will spend the funds including budget items and the cost per item. Budget items may include printing, telephone, flyer development, advertising, administration, equipment, refreshments, room rentals, etc. The total budget should total $10,000. Budget Budqet Item Funds Salary (1 part-time staff 20 hrs/wk) 5,780 FICA 442 Print Materials 1,.678 Postage 500 Supplies 300 Recognition/Outreach Events 1,000 Travel/Traini ng 300 $1 0,000 -i- 17 This page intentionally left blank. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 5 Estimated Time: Page Number: Department: Aging Presenter: Pat Melvin Contacts: Annette Crumpton, Lena Butler SUBJECT: Award of Request for Proposals (RFP) # 08-0098 and Contract # 08-0098 to HealthMate Home Care, Inc. to Provide In-Home Aide Services BRIEF SUMMARY: The County advertised in the legal section of Star News on Thursday, August 16, 2007 requesting proposals to provide In- Home Aide Services for the Department of Aging. Sealed proposals were accepted until 1 :00 PM, Wednesday, September 5,2007, at which time bids were publicly opened and read aloud. Only two bidders responded to the request and the results are listed below: BIDDER'S NAME HEAL THMATE INTERIM HEAL THCARE LEVEL I - NUMBER OF CLIENTS 10 10 LEVEL 1- NUMBER OF UNITS OF SERVICE 2,847 1,416 LEVEL 1- SERVICE UNIT COST $15.50 $16.3999 LEVEL I - EXTENDED PRICE $21,111 $23,222 LEVEL 11- NUMBER OF CLIENTS 36 37 LEVEL 11- NUMBER OF UNITS OF SERVICE 8,539 5,667 LEVEL 11- SERVICE UNIT COST $16.00 $16.7637 LEVEL II - EXTENDED PRICE $116,111 $95,000 LEVEL 111- NUMBER OF CLIENTS 18 36 LEVEL 111- NUMBER OF UNITS OF SERVICE 4,382 5,472 LEVEL 111- SERVICE UNIT COST $16.50 $16.9753 LEVEL 111- EXTENDED PRICE $73,889 $92,889 On September 5,2007, the Department of Aging Home and Community Care Block Grant (HCCBG) Advisory Committee evaluated the two bids received. The In-Home Aide program is funded by the HCCBG and the successful bidder is responsible for the required 10% match. Clients are categorized into three (3) separate and distinct levels as identified below: Levell Client is self directing, medically stable, and has at least one Individual Activities of Daily Living (IADL) Level II Client has potential to improve IADL functioning or learn independent living skills, or Client has increased IADL needs requiring additional support to maintain functioning Level III Client has moderate limitations in cognitive and/or psycho-social functioning, but has potential for partial/total IADL and/or home management functioning, or Client has 19 severe IADL impairment Both bidders were very close in the number of clients they proposed to serve in Levell and II. The lower unit price from HeatlhMate allows the Department of Aging to purchase more units of service in both categories. There was a greater difference in the proposed number of clients to be served in the Level III category. HealthMate's bid reflects 18 clients to be served while Interim Healthcare showed 36 clients. Although HealthMate shows that a fewer number of Level III clients will be served, this is reasonable and acceptable because Level III clients are our most frail, sick and elderly clients. Therefore, a lower number of clients is understandable. Serving a fewer number of clients allows HealthMate to provide more hours of care per client. Healthmate will provide approximately 243 hours of care compared to 152 hours for Interim Healthcare. The HCCBG Committee unanimously agrees and recommends that the bid be awarded to HealthMate Home Care, Inc. The unit cost from HealthMate is lower in all three levels allowing the Department of Aging to purchase more units of service. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution awarding RFP # 08-0098 and Contract # 08-0098 to HealthMate Home Care, Inc., at the unit cost of $15.50 for Levell care, $16.00 for Level II care, and $16.50 for Level III care, and authorize the County Manager to execute the contract. Funds were included in the FY07-08 Aging budget. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds are budgeted in the FY07-08 adopted budget. ATTACHMENTS: ~ ........ ... . Resolution-h-Home ,;:de Services.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 20 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 1:00 PM on Wednesday, September 5, 2007, and the following bids were received for In~Home Aide Services for the Department of Aging, RFP # 08-0098; and BIDDER'S NAME HEALTHMATE INTERIM HEALTHCARE LEVEL I - NUMBER OF CLIENTS 10 10 LEVEL I - NUMBER OF UNITS OF SERVICE 2,847 - 1,416 LEVEL I - SERVICE UNIT COST $15.50 $16.3999 ! LEVEL I - EXTENDED PRICE $21,111 $23,222 LEVEL II - NUMBER OF CLIENTS 36 37 LEVEL II - NUMBER OF UNITS OF SERVICE 8,539 5,667 LEVEL II - SERVICE UNIT COST $16.00 $16.7637 LEVEL II - EXTENDED PRICE $116,111 $95,000 LEVEL III - NUMBER OF CLIENTS 18 36 LEVEL III - NUMBER OF UNITS OF SERVICE 4,382 5,472 LEVEL III - SERVICE UNIT COST $16.50 $16.9753 LEVEL III - EXTENDED PRICE $73,889 92,889 WHEREAS, the Department of Aging Home and Community Care B lock Grant (HCCBG) Advisory Committee met and evaluated the bids received; and WHEREAS, the Advisory Committee unanimously agreed that HealthMate Home Care, Inc. submitted the best overall proposal to provide In-Home Services for the Department of Aging; and WHEREAS, the Advisory Committee, Director of Aging, the Finance Director and the County Manager recommend that the contract be awarded to HealthMate Home Care, Inc. at the unit cost of$15. 50 for Levell care, $16.00 for Level II care, and $16,50 for Level III care; and WHEREAS, funds are available in account 11068450 700000 G0006 to satisfY the requirements of this contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for In-Home Aide Services for the Department of Aging, RFP # 08-0098 be awarded to HealthMate Home Care, Inc. and that the County is hereby authori,zed and directed to execute the contract, contract form to be approved by the County Attorney, Adopted this I" day of October, 2007. WHliam A. Caster, Chairman A TrEST: Sheila L. Schult, Clerk to the Board 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 6 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Board of Education Capital Outlay Budget Amendment BRIEF SUMMARY: Presented for your review and approval is a Board of Education Capital Outlay Budget Amendment which was approved by the Board of Education September 11,2007. The budget amendment transfers savings from Carolina Beach Renovation to New Elementary and Middle School Projects. This is a transfer of existing funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education Capital Outlay Fund Amendment #2. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Board of Education Capital Outlay Fund Amendment #2 REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 Budget Amendment #2 New Hanover County Administrative Unit Capital Outlay Fund The New Hanover County Board of Education at a meeting on the 11 Ih day of September 2007, passed the following resolution. Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2008, Code Number Description of Code Increase (Decrease) Various See Attached Revenue: Various See Attached Explanation: See attached Total Appropriation in Current Budget $ 6,928,463.73 Amount of Increase/Decrease of above Amendment - Total Appropriation in Current Amended Budget $ 6,928.463.73 y majority vote of the Board of Education of New Hanover County all the IliA day of . ,20~, 24 Capital Outlay Fund Amendment #2 Transfer from Carolina Beach Renovation project savings to New Elementary and Middle School Projects: 4.9111.820.522.000.945 Elementary School E - General 190,000.00 4.9112,820.522.000.945 Middle School BB - General 310,000.00 4,9114.1320.522.308.945 Carolina Beach - General (195,551.18) 4.9114.820,526.308.945 Carolina Beach - Design (17,332.95) 4.9114.820.529.308.945 Carollna Beach - Mise (287,115.87) 25 This page intentionally left blank. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 7 Estimated Time: Page Number: Department: Finance Presenter: Avril Pinder Contact: Lena Butler SUBJECT: Disposal of Surplus Equipment and Vehicles through County Auction to be Held November 3,2007 BRIEF SUMMARY: The County owns certain items of personal property that have become surplus for its needs. North Carolina General Statute 160A-270(b) permits the disposal of such property by public auction. In order to conduct the auction, the statute requires the Board of Commissioners to adopt a resolution at a regular meeting authorizing an appropriate county official to dispose of the property. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution authorizing the Finance Director's designated representative to dispose of surplus equipment and vehicles through a public auction to be held November 3, 2007 at the Property Management Maintenance Facility. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ...::.; ........ .". ~.I :: , .. . ~......... f}'08 auction resolution. doc 9"-7-n,!I.UCTIO n LI ST 2WS ~:\'e['$ion 1}.xIs REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County has possession of a number of items of personal property which are surpl us to its needs and desires to dispose of the items by conducting a public auction; and WHEREAS, the items to be disposed of are listed and submitted as an attachment to this resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County that the Finance Director's designated representative, pursuant to the provisions of G.S. 160A~270 (b), is hereby authorized to dispose of all of the personal property as listed to the highest bidder at a public auction and acceptable forms of payment are cash, check, MasterCard or VISA. A buyer's premium of twelve percent (12%) of the bid price will be added to the price of each item purchased; however, buyers paying by cash or check will receive a two percent (2%) cash discount, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the auction list, and perform all necessary functions associated with this auction, to be held Saturday, November 3, 2007 at 9:00 a.m. at the Property Management Maintenance Facility, Division Drive, Wilmington, North Carolina. Adopted this 1st day of October, 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 28 AUCTION LIST 2008 AUCTION ' ,..,..,. .,. """""'-,....,..,',.. , .._,.. ....,....,...."". ,.., .", , FA# C:CDIAl.,jj". 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Chair 347 MyrtleG.. L.ib. Chair 348 Health <'~, ""~~ Health IBulletin Board 350 I Health Shelf 351 Health Cart ,.." 34 AUCTION LIST 2008 352 'Health Cart 353 ' Hea Ith Podium .~.~.__u._.___"'_"__,__~ - 1,_ 354 Hea Itl1 1 35,~"" Hea Itl1 356 Hea Itl1 .cale 1- Hea Itl1 "able 357 ,..-, ".. I" Heatl1 'rinter 358 . 359 Hea tl1 """"""""""'" 360 Hell th 'Cart >1 Heath [Cart _ ~~~ __,au >2 Hea Ith .''Time Card-Rack I >3 Hea Ith Cart , -- >4 178953 Hea Ith TPrlnter >5 2205 "... >6 . """".""", .7_ 11756 Ijcj111862 I Fax Machine .,..,. 366 13347 'v, 'v, ", ! Fax Machine 369 .-- 13065 1180952 !Printer 370 I Printer I 371 2215 760443 IRee()r(jt;lr ,..._ 372 Printer 373 7655 '6027 IT ~74 liT ...., "^..M"..... '-'.'''^"- Cables 375 13601 116926 'Finance Printer IT .,--"" .",....,.. 376 ASl400 1.377 liT Montlor ..,. ..",.. .. .- 378 141 IDA's lIe 379 DA's lfe 360 381 Healtl Desk '382 ' .. Health 383 ! 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'..""Chair 39 This page intentionally left blank. 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Consent Item #: 8 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Adoption of Ordinance for Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2008. 2008-31 - Sheriff's Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinance for the budget amendment listed in the summary above. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008. ATTACHMENTS: ~ ........ , .. 2008-31 9-18-07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 41 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-31 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-31 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriff's Office Exnenditure: Decrease Increase Federal Forfeited Property: Supplies $71,713 Capital Outlay - Motor Vehicle 50,000 Total $121,713 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $121,713 Total $121,713 Section 2: Explanation To budget Federal Forfeited Property receipts for 9/12/07 and 9/17/07. Federal Forfeited Property 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 2008-31 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 42 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of a Proclamation to Recognize October 1-7, 2007 as "Textile 47 Heritage Week" in New Hanover County 5:45 p.m. 2. Consideration of a Proclamation to Recognize October 2007 as "Domestic 53 Violence Awareness Month" in New Hanover County 5:50 p.m. 3. Consideration of a Proclamation to Recognize October 7 -13 as "Fire 55 Prevention Week" in New Hanover County 5:55 p.m. 4. Consideration of Offer to Purchase Surplus Parcel 57 6:00 p.m. 5.1 NOTE: The Board will consider a request by the petitioner to continue 59 this item to November 5, 2007. Public Hearing Special Use Permit (S-578, 9107) - Request Ward & Smith, P A for GL T Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road and 5635 Wood Ridge Road in the Transition Land Classification 6:20 p.m. 5.2 Public Hearing 75 Rezoning (Z-873, 9107) - Request by Jesse Yates and John Thompson to Rezone Approximately 4 Acres Located at 5111 and 5119 Carolina Beach Road in the Urban Land Classification from CD(O&I) and R-15 to B-2 Highway Business District (the change would allow a wide range of commercial uses) 6:50 p.m. 5.3 Public Hearing 89 Modify Special Use Permit (S-004, 1/77, Mod. 9107) - Request by Stuart Smith to Modify an Existing Commercial Marina Permit on 2.02 Acres at 2107 Middle Sound Loop Road in the Conservation and Watershed Resource Protection Land Classification to Add a Clubhouse and 3 Residential Building Lots 7:10p.m. 5.4 Public Hearing 131 Special Use Permit (S-579, 9107t- Request by Generation Builders to Place a Community Boating Facility in an R-15 Residential Zoning District on Whiskey Creek for Masonborough Plantation Subdivision off Donnelly Lane in the Conservation Land Classification 7:25 p.m. Break 7:35 p.m. 5.5 Public Hearing 145 Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI, Creating Section 69.18: Traffic Impact Review Process 7:50 p.m. 5.6 Public Hearing 155 Text Amendment (A-358, 4/07) - Request by Staff to Amend Sections 23-62, 23-62.1, and 72-37 Relating to Conditions for Community Boating Facilities and Private Residential Boating Facilities as Neighborhood Amenities to 43 Residential Subdivisions 8:05 p.m. 5.7 Public Hearing 159 Text Amendment (A-360, 8/07) - Request by Staff to Amend Section 51 of the Subdivision Ordinance Increasing Maximum Dollar Amounts for Guarantees ofImprovements from $100,000 to $8 Million 8:20 p.m. 5.8 Public Hearing 163 Text Amendment (A-364, 9107) - Per Legislation - Allow Amateur Radio Antenna up to 90 ft. with Minimum Practicable Regulation Necessary to Accomplish the Purpose of the County 8:30 p.m. 5.9 Public Hearing 165 Street Renaming (SN-I03,09107) - Request by Robert Harris Walker to Rename Turner Nursery Road (SR 1406) to Deep Creek Run Located Off Mason Landing Road, Middle Sound Community 8:40 p.m. 6. Public Hearing to Consider Approval of a Proposed Economic Development 169 Incentive Grant to GE - Hitachi Nuclear 8:50 p.m. 7. Public Hearing to Consider Approval of a Proposed Economic Development 171 Incentive Grant to INVISTA 9:00 p.m. 8. Introduction of Wayne Drop, Mascot of the "Water Use it Wisely" Water 173 Conservation Program 9:05 p.m. 9. Consideration of a Resolution Endorsing the 10- Year Plan to End Chronic 175 Homelessness and Reduce Homelessness in the Cape Fear Region 9:10p.m. 10. Consideration of Mason Inlet Maintenance Event 179 9:25 p.m. 11. Second Reading 181 Consideration of Revisions to New Hanover County Code, Section Five: Animals & Fowl 9:30 p.m. Break 9:40 p.m. 12. Consideration of a Resolution for the Authorization and Sale of New Hanover 183 County's $50,000,000 General Obligation School Bonds, Series 2007 9:50 p.m. 13. Meeting of the Water and Sewer District 189 10:30 p.m. 14. Non-Agenda Items (limit three minutes) 10:35 p.m. 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:45 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 44 Notice of Temporary Meeting Location Change The Board of Commissioners will conduct their meetings in September and October 2007 at the New Hanover County Government Center so that renovations may be completed at the Historic Courthouse. The meeting location details are: New Hanover County Government Center 230 Government Center Drive, Suite 135 Human Resources Training Center Room 401 45 This page intentionally left blank. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Christine O. Neal, Engineering Support Supervisor Item Does Not Require Review SUBJECT: Consideration of a Proclamation to Recognize October 1-7, 2007 as "Textile Heritage Week" in New Hanover County BRIEF SUMMARY: Mr. Bill Blanton will be present to receive the proclamation on behalf of the Delgado/Spofford Mills Association. The Association celebrated their 10th reunion in August in New Hanover County and was honored to receive the attached letter from Governor Easley. Mr. Blanton would like to thank the Board for this recognition and make brief comments about the history of the mill. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ IJ IJ IJ .. .. .. ........ . ..... ... . ....... ....... '. T exti!e Heritage \Veek Proclamation .doc Go\' Letter Delgado Spofford Milis.J PG spofford mi!is - delgado - Blanton map.J PG fa!esDE91 .J PG ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 47 NEW HANOVER COUNTY BOARD OF COMMISSIONERS TEXTILE HERITAGE WEEK PROCLAMATION WHEREAS, the South's Textile Industry was traditionally an essential foundation for much of our region's culture and prosperity, and was an integral part of North Carolina's economic and social fabric in the 20th century; and WHEREAS, the people of New Hanover County cherish and honor the memory of our own Delgado/Spofford Mill Textile ancestors, whose contributions to our community were vital to the growth and stability of this area; and WHEREAS, we seek to honor the ingenuity and labor of thousands of men, women and children who opened the cotton bales, carded the fiber, spun the yarn, wove the cloth, shipped it to the far corners of the world and maintained the mill village communities, while at the same time weaving a distinct cultural fabric which has embossed its influence in all aspects of our social life including the arts, music, religion, civics, education, business and politics in our region; and WHEREAS, we wish to publicly acknowledge, honor and commemorate those whose old-fashioned "hard work" values continue through their establishment of the Delgado/Spofford Mills Association (www.delgadospoffordmills.com), whose members recently celebrated their lOth reunion in August and were honored by Governor Mike Easley, in a letter of well wishes for their continued effort as a group to keep the memory and history of such a intriguing piece of New Hanover County alive for generations to come. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 1-7, 2007 be recognized as "Textile Heritage Week" in New Hanover County, and that our citizens are called upon to celebrate the rich history of the textile industry in North Carolina and the efforts of the Delgado/Spofford Mills Association, to help educate and enlighten all of us on their history and contributions to our area. ADOPTED the 1 st day of October 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 48 STAn: 01<' NORTH CAROUNA OFFICE OF THE GoVERNOR 20301 MAlI, Sf:RVUCE O;N1'&R. RAU!l(m, NC27(iI)9..o301 MICHAEL F. EASl.EY GOVERNOR July I, 2007 Dear Friends: It is my privilege to send warm greetings to the Delgado/Spofford MilL~ Association on the occasion of its lOIll Annual Reunion. I know this event comes with much prepardtion and hard work. Delgado Village, located in Wilmington, North Carolina, was home to approximately 750 people, many of whom were employed by the textile company, Delgado Mills. The resident,> of the "Mill Hill" community worked hard to make a living tor their tamilit.'S tor more than 65 years through tough times during the Great Depression as well as World War U. Today, as the children of "Mill Hill" gather to celebrate your annual reunion and honor the residents of the DelgadolSpofford Mill community, you serve as great examples of perseverance and success through hard work and dedication. I commend you for your dedication to this historic community and your determination to succeed. Mary joins me in welcoming you to this year's reunion. We send our best wishes for an enjoyable event. With kindest regards, I remain Vt.'TY truly yours, ~ MFEJkwm 6 LoCA1"IO!'<:116 WE~'T JONES STRF.ET. R.M.EIGH, NC . TEU;PHONf:: (919) 733-5811 49 b..'<:;) ~ ~. I "1 ~; ~"' j....,.~~ ~ ~ ~ . "'" ~ <:::J lD 0 o n 11 0 [] [l 50 51 This page intentionally left blank. 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Christine Leneskie Contact: Bruce T. Shell Item Does Not Require Review SUBJECT: Consideration of a Proclamation to Recognize October 2007 as "Domestic Violence Awareness Month" in New Hanover County BRIEF SUMMARY: October is National Domestic Violence Awareness Month. Christine Leneskie, Advocate/Outreach Coordinator with Domestic Violence Shelter and Services, Inc., requests that the Board consider adoption of the attached proclamation to address the importance of working to end domestic violence. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ Domestic \'io!ence Proclamation .wpd ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 53 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their children to seek safe shelter, law enforcement prosecutors to expend valuab]e resources and families and friends to grieve at the loss of life; and WHEREAS, 1,420 adults and children sought safe shelter or counseling at the Wilmington Domestic Violence Shelter and Services in the year 2006; and WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc, works toward the elimination ofvio]ence and oppression against women and their children and provides emergency support and services for victims and survivors of domestic abuse; and WHEREAS, on Wednesday,. September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, was killed in an act of domestic violence exhibiting to all her coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS. many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find security and an end to their physical and mental attacks. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to redouble their efforts to obliterate the problem of domestic violence from our families, our neighborhoods and our community. BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners proclaims October 2007 "Domestic Violence Awareness Month" in New Hanover County. ADOPTED the 1" day of October 2007, William A., Caster, Chairman Attest: Sheila L. Schult, Clerk to the Board 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 3 Estimated Time: Page Number: Department: Fire Services Presenter: Matt Davis Contact: Matt Davis SUBJECT: Consideration of a Proclamation to Recognize October 7-13,2007 as "Fire Prevention Week" in New Hanover County BRIEF SUMMARY: New Hanover County Fire Prevention Week Proclamation - The theme for this year is, "It's Fire Prevention Week - Practice Your Escape Plan!" RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation to declare October 7-13, 2007 "Fire Prevention Week" and urge all citizens of New Hanover County to heed its important messages and support the many public safety activities and efforts of New Hanover County Fire and Rescue Emergency Services. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Fir-e Prevention VVeek Proclamation.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 55 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIRE PREVENTION WEEK PROCLAMATION WHEREAS, New Hanover County is committed to ensuring the safety and security of all those living in and visiting our state;. and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that home fires kiJI.ed 3,030 people in the U.S. in 2005- roughly eight people every day; and WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, New Hanover County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire;. and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2007 Fire Prevention Week theme, "It's Fire Prevention Week- Practice Your Escape Plan!", effectively serves to remind us an of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 7-13, 2007 be recognized as "Fire Prevention Week" in New Hanover County and that our citizens are encouraged to heed the important safety messages of Fire Prevention Week 2007, and to support the many public safety activities and efforts of New Hanover County Fire and Rescue Emergency Services. ADOPTED the 1st day of October 2007. William A. Caster, Chairman ATTEST: Sheila 1. Schult, Clerk to the Board 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 4 Estimated Time: Page Number: Department: Legal Presenter: Kemp Burpeau, Deputy County Attorney Contact: Kemp Burpeau, Deputy County Attorney SUBJECT: Consideration of Offer to Purchase Surplus Parcel BRIEF SUMMARY: Debra and Robert Kellum have offered to purchase 114 Mishoe Road, a surplus parcel owned by New Hanover County. The property was acquired by the County in 1982, apparently for delinquent taxes. The 2007 tax value is $18,960.00 and the Kellums have offered that amount as the purchase price. County Planning has expressed interest in retaining the subject parcel to locate a single family residence in conjunction with the future work force housing replacement grant projects. The value of the parcel would go toward the County's share of a grant match. Should the Board wish to further consider the Kellums' offer, a deposit would be collected by staff and an advertisement run for upset bids. Staff could be instructed to convey the parcel after the end of the upset bid period, or bring the highest offer to the Board for further consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Direct staff whether to advertise this offer to purchase. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider offer. COMMISSIONERS' ACTIONS/COMMENTS: A motion to direct staff to advertise offer to purchase and close on the property was approved by a vote of 5-0. 57 SEP-20-2007 07:15 FROM: TO:910 798 7145 P.2/2 9-19-07 I I Mr. Chairman 11[1 d Board Ofcolmi5Siontrs W. ....,e<tfaJIy. .est to be ..lb' upeomillg .pd.... ..... 0.1.1, ZWI. We would like CQ be able to pres.. our desire to purchase the ncmt lot iD C8S'.1e aarn.. . 0' O..f. Misbo. Rd.! (Lot 114)PI rctIIDROll0T. .1 16 See: 1 Sbearin HiIb I Book 1294 rag 0896 I I "()ebra M. .,K'~. , I ~.I).u.I-ur- I ~~:IIU( I Debra's Work #~ 910) 343.71:Z~ (7:38-3:30 ) B.ome" (910) ~1-6862 home around (4:00p) CeU # ( 910 ) 511..0966 I I I ! 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: 2007. Special Use Permit (S-578, 9/07) - Request Ward & Smith, PA for GL T Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road and 5635 Wood Ridge Road in the Transition Land Classification BRIEF SUMMARY: At the September 6, 2007 meeting of the Planning Board, several adjacent residents expressed concerns relating to drainage issues and potential noise of dumpster service adjacent to the residential neighborhood. The Planning Board voted 7-0 to recommend approval of this request with added conditions as follows: 1. Dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m. 2. Primary access will be to College Road with only secondary access to Piner Road. 3. Mallard Crossing Drive and Wood Ridge Road will remain stub streets with no connectivity to this project. 4. There must be two access points in place before building permits are issued. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ S-578-Staff Summar}',doc S-578- Petition Summawdoc adjacent property map site plan, and applicant materials ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A request by the petitioner to continue the item was approved 5-0. 59 SPECIAL USE PERMIT 8-578,9/07: 130-bcd NursinglPersonal Care Facility in an R-15 Zoning District Req nest By: Ward & Smitb for GLT Properties & BlacberProperties Location: 611 Piner Road & 5635 Wood Ridge Rd. Acres: 15.13 acres PLANNING BOARD ACTION: At the Septcm ber 6, 2007 meeting of the Planning Board, several adjacent residents expressed concerns relating to drainage issues and potential noise of dumpster service adjacent to tbe residential neighborhood. The Planning Board voted 7~0 to recommend approval of this request witb added conditions as follows: L dumpsters wiU be serviced only between the hours of 8 a.m. and 5 p.m. 2. primary access wiU be to CoHege Road with only secondary access to Piner Rd. 3. Mallard Crossing Drive and Wood Ridge Rd. will remain stub streets with no connectivity to this project. 4. there must be two access points in place before building permits are issued. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove Volunteer Fire District. B. Public water and sewer are located in the vicinity. C. A portion of the subject property along the northern property boundary is located in a 100- year floodplain. D. Primary access to the site is proposed to be from Junction Creek Drive (a private street in Junction Creek Business Park) to S. College Road, an identified urban major arterial. Secondary access will be to Piner Road from Clayton Horn Dairy Road, an unpaved private right of way. E. Traffic generation as submitted by the applicant indicates trip generation under 100 peak hour trips per day, therefore, no Traffic Impact Analysis was required by the county for this revIew. F. Interconnectivity to the adjacent residential subdivisions via Wood Ridge Road and Mallard Crossing Drive is not proposed. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a hospital or nursing and personal care facility in these districts under certain conditions outlined in Section 72-9 oCthe ordinance. Page 1 of3 Last printed 9/20/2007 7:46:00 PM '""~~""~~~- ,m.<,'.'-".'< 60 B. The proposed lot size is 15.13 acres, which exceeds the minimum requirement of2 acres. c. The proposed site plan shows the structure setbacks at more than 100 feet from property lines on the west, north and east. The ordinance calls for a minimum of 50 foot setbacks for side and rear yards and a front yard which is 25 feet greater than the normal for the R-15 (therefore, 50 feet). The south setback, which functions as a side setback, is influenced by an existing 40 foot drainage easement which traverses the property and sets the building about 20 feet from that easement. D. Off-street parking is shown at 108 spaces, which exceeds the requirements of Section 81-1 of the ordinance. E. Buffers to screen the non-residential use from residential uses must meet the minimum requirements of Section 67-4(2) of the ordinance, which says the buffer must be 50% of the required setback, or in this case, 25 feet. (The site plan shows only 20 feet of buffer along the eastern boundary.) Other provisions of Section 67 also apply. F. Stormwater is proposed to be provided by under-pavementinfi]tration basins and must meet the requirements ofthe County's Stormwater Ordinance. (Site Plan says "City") 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. Surrounding properties are residential or Office & Institutional in nature. B. No evidence has been presented that the proposed use will injure the value of adjoin ing or abutting property values. 4. The Board must find that the location and charadeI' of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location as Transition and Conservation. The Transition Class is intended to provide for "continued intensive urban development on lands that have been or will be provided with necessary urban services. The purpose of the Conservation class as providing for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management ofthese areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. Staff Comments: l. Staff feels the findings are positive, provided site plan corrections are made to reflect the discrepancies above. 2. In accordance with Section 71-1(4) of the ordinance, SUP, if issued shall become null and void if construction or occupancy of the proposed use as specified is not commenced within 24 months of the date of issuance. Limited 6-month extensions are possible under the provisions outlined in the ordinance. 3. Any federal, state or other local rules as well as general provisions of the zoning ordinance must be followed. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit (with or without recommended conditions) Page 2 of3 Last printed 9/20/2007 7:46:00 PM 61 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on spedfic negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Page 3 of3 Last printed 9/20/2007 7:46:00 PM 62 Case: S-578, 9/07 Petition Summary Data OwnerlPetitioner: Ward & Smith for GL T/Blacher Properties Existing Land Uses: Residential and vacant Zoning History: April 7, 1971 (Area 4) Land Classification: Transition and Conservation Water Type: Public Sewer Type: Public Recreation Area: Myrtle Grove Park Access & Tramc Volume: S. College Road - ADT 38,590 (12/06); ADT 33,479 (4105) + 15% Piner Road - ADT 15,575(6/06); ADT 15,707 (4/05) ~l% LOS: F (Breakdown of traffic flow. Traffic exceeds capacity.) Fire District: Myrtle Grove FD Watershed & Water Quality Classification: Seabreeze (SA; HQW) Aquifer Recharge Area: Primary recharge for principal aquifers. ConservationlHistQricl Archaeological Resources: Flood zone on west side. Soils: Sea gate (Se), Leon (Le) SePtic Suitability: Class II~ moderate limitations (Se); Class III. Severe limitations (Le) Schools: Parsley Elementary -----....-..- 63 '8 ~ i ~ '~ ~ ~ ... 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'\. ,..' 64 APPLICANT MATERIALS 65 Complete petitions and all supplementary infonnation must be accepted by the Planning Department twenty (20) working days before the Planl1ing Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina, Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. 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 #1 The Board must lind "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." . The site has direct access to Piner Road, a public road, and will also have access to South Collegie Road, a major public thoroughfare, via public street rights-of-way through the Junction Creek business development. . The project is served by pUblic sewer & water utilities. . The project is in the Myrtle Grove Fire District. General Requirement #2 The Board mllst tind"that the use meets all required conditions and specifications" ofthe Zoning Ordinance". . The site plan meets all requirements of the Zoning Ordinance. . The proposed use as a health care facility is permitted within the R-15 zoning district by S.pecial Use Permit. Page 2 of3 SUP 02/07 66 - General Requirement #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." . Health care facilities are considered valid transitional uses, that Can be appropriately located in residential areas. . There is no evidence that there has been an adverse effect on property values of adjoining residences. . Adjacent residential properties, or uses, are protected, and screened, from the development by sufficient setbacks, landscaping and buffering. General Requirement #4 . The Board must find "that the location and character of the use if developed according 10 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," . The site is classified as "Transition", with a portion of "Conservation," where there is a Special Flood Hazard Area along the creek corridor, The purpose of the transition class is to provide for future intensive urban development when necessary services exist, or are planned. . The facility would be accessed through, and be adjacent to, a business & office development in the proximity of the Monkey Junction commercial node. The Zoning Ordinance in some instances also imposes additiona,l sp~ific requirements on the use requested by tbe applicant. The applicant should be prepa,red to demonstrate that tbe proposed use would comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable). He/Sbe should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditioDs and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certifY that this applicatioD is complete and that all of the inform.ationpresented in this application is accurate to the best of my knowledge, inform.ation, and belief. 4;L Ibp7 . Property 0 ne b~e:;,~" \d Print Nam I Page 3 of3 SUP 02/07 67 Lutheran Services Health Care Facility Project Narrative The area surrounding the Monkey Junction intersection has become an active commercial node over the past several years. Institutionall development has become a widely acceptable use t.o transition the lands between busy thoroughfare roads and established residentiall neighborhoods. Our attempt with this special use petition is to provide an attractive health care facility that satisfies the needs of the community, but presents a minimal impact to the existing adjacent neighborhoods, The CAMA land use plan designates the subject tracts as being in the 'Transition" land classification. This class is intended to provide for more intensive urban development, where necessary services either exist, or are planned. Access: The plan proposes access to both Piner Road, and South College Road through the Junction Creek Business Park. Driveways will require review and approval by the N.C. Department of Transportation prior to construction. Stormwater Management: Runoff is proposed to be handled by a stormwater detention pond, designed for both the State water quality requirements and the County's quantity management of a 25-year storm event Utilities: Public water and sanitary sewer mains exist adjacent to the site. Services can be extended to the buildings. The nursing home is designed for a sprinkler system and additional fire hydrants will be installed within the site as required for complete fire safety. Architecture: The nursing facility is set back as far as possible from the street, and from the adjacent residential properties. It will be a one-story building! wilth brick construction, with porches on the ends of the wings. All architecturall features will be coordinated to present a unified desig!n and overall residential character. Landscaping: Bufferyards are planned to provide a visual screening between the uses. This will be accomplished with a combination of undisturbed natural vegetation that already exists, and a variety of supplementall upper~ & lower-story plantings. The end result is to provide 100% visual opacity to 6' with intermittent heig!hts of up to 20'. Landscaping! all over the project will include street yard, interior parking area landscaping and building foundation planting!s to add to the overall aesthetic appeal of the development. ~--"."~ 68 ,. The expanding economy, growing elderly popullation and high land values of the County dictate the demand for development Higher densities within a designated area allow better value to afford better design. Approving the special use of this tract would allow the owners to incorporate elements of good pllanning, and would be consistent with the County's desire for intelligent development They seek to develop a project that would be an asset to the community, add to the tax base and provide for local jobs. In summary, the Ilocatiion and character of the proposed project, if developed according to this plan would campily with the zoning district regulations and could be in harmony with the surrounding area . 69 Lutheran Services Health Care Traffic Impact Statement: The project will be accessed via 50th College Road tt Piner Road, both public rights-of-way. Estimated trip generation has been computed from the ITE Trip Generation Manuals (~th Edition), Nursing Home (~20) - ( Avg.Trips/ (130 Beds) Bed) Weekday avg. - 2,~1 == 33Cl A.M. Peak - 0.12 == I~ P.M. Peak - O.3~ == 47 Saturday avg. - 2.15 == 280 Sunday avg. - 2.3~ == 307 70 .--+. >- "0 ...., 8 L ~ '" 8.0- ~ 3C ~ ~ OQ ~ J-l LL i) u 0- O-tn "8 :c ....,L ill 0. C~ ~ ~ q>C u 3 .S;O '1J <{ ~. ~ ~ B ~ 71 -~ - >- E-< '" "I d ' S ~ln'q'! I !i ~l ~ ~ ..,.. ~ /I 0 < ! iil'!!l ,!!!llth! .lJ!II ~ . I!!"~ I II ~ ::E u~ II'!I II II '1""I.,h" ~~ . I 1111'1 . I '".. . .,...,. ~~ ~ ~ 1l!,11 Ie ! . . j. 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I Jlt~ J ~! ~jl:f ~II ~~Ij " I (!). ~U ~ (!) ~ I ~::r---r:-~-~ $i ~ (!) 1,1 / -T----+--L\.---,\ ---._____,______J----~-.P- I '>--f/ , t si \1 -=...~'" ....-:-.----::.--'---,,;;.-;,.-., -. --' .;.~:..=- . ,I ij / \ ih~ jI \ Ifni f % ~ d .d "I 11 :1 / \ l~ ~ \ I ~~~: fl . iJI: II if!: i~ ll~ fi ~ ]! l~ ~ 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Rezoning (Z-873, 9/07) - Request by Jesse Yates and John Thompson to Rezone Approximately 4 Acres located at 5111 and 5119 Carolina Beach Road in the Urban land Classification from CD(O&I) and R-15 to B-2 Highway Business District (the change would allow a wide range of commercial uses) BRIEF SUMMARY: At its September 6,2007 meeting the Planning Board voted 6-1 to recommend denial of this rezoning request. Several adjacent property owners expressed objections to approving a general business district adjacent to their residential neighborhood. The applicant is appealing the Planning Board's decision in accordance with Section 112-4 of the ordinance. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: Position(s) Modification Or Change Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ... . z-an 8-~7-Staff Summar}'-REVISED.doc Z-873, 9-07-Pelition Summary.doc adjacent property map, original Z-736 Conditional Use permit and approved site plan, D. Potts opposition letter, and applicant materials ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to rezone parcel five (R071 00-003-067-000, Yates, Jesse) from CD(O&I) to 0&1 was approved 5-0. The other parcel remains the same. 75 CASE: Z~873, 9/07; PETITIONER: Jesse Yates and John Thompson REQUEST: From CD(O&I) Conditional Office & Institutiona~ and R-15 Residential District to B-2 Highway Commercial District ACREAGE: Approximately 4 Acres LOCATION: 5111 & 5119 Carolina Beach Road LAND CLASS: Urban PLANNING BOARD ACTION: At its September 6,2007 meeting, the Planning Boam voted 6-1 to recommend denial of this rezoning request. Several adjacent property owners expressed objections to approving a general business district adjacent to their residential neighborhood. The applicant is appealing the Planning Board's decision in accordance with Section 112-4 of the ordinance. STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Urban on the 2006 CAMA Land Classification map. The property is accessed from Carolina Beach Rd. which is a principal arterial road according to the Wilmington Urban Area 2030 Long Range Transportation Plan. Level of service has been rated E along this segment,. meaning traffic is moving at the design capacity of the roadway. The subject property is currently developed with houses, Directly adjacent to the east is another residenti.all.ot which is currently zoned R-15, Thereafter, the zoning pattern transitions to CD(B- 2) in association with the Lowe's/Walmart commercial complex. To the west is Willoughby Park residential community which was taken into the City as a satellite annexation several years ago. Across Carol.ina Beach Road is older residential property, and slightly north i.s the Conditional Use B~2 district associated with the Monkey Junction Self~Storage project recently amended. The subject property is located within the Motts Creek watershed drainage area which is classified C(SW). The property is not within the 100 year flood zone, Soils are class II Stallings with only moderate limitations for septic systems. Public water and sewer are present in the area. Land Use P~an Considerations: This rezoning petition proposes a change from Conditional Use Office & Institutional and R-15 Residential to B.2 Highway Business District on approximately 4 acres ofland, The CD(O&I) portion (1.65 acres) was conditionally zoned in August of2002 for professional offices or a barberlbeauty shop, using the existing structure for those purposes. The R-15 portion (2.4 acres) of the proposed change has an occupied residential dwelling near the road but vacant land extends along the property boundary with Willoughby Park development to the northwest and then terminates on the north at a boundary with Lowe's Home Improvement store, 9/21/2007 Page I of2 Z-873 76 The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development and redevelopment of existing urban areas. Policy 4.3 of the Land use Plan goes on to say that commercial development should be clustered around identified nodes at major intersections and that the quality of life in nearby residential communities should not be jeopardized. Rezoning these parcels isolates one remaining residential parcel between the existing Monkey Junction commercial district and the subject property. This parcel is already an anomaly since property to the north is zoned for office use. The proposal would be stronger if all the parcels were included. Even though the Office & Institutional zoning district is often viewed as a transitional district between residential and commercial uses Staff feels this area is appropriate for commercial developmel1l and would recommend approval of this rezoning request expanding the Monkey Junction commercial node northward, ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of approximately 4 acres from CD(O&I) conditional office and institutional and R-15 Resi,dential District to B-2 Highway Business District is (or is not): I. Consistent with the purposes and intent of the Urban land classification and the associated land use policies adopted in the 2006 land use pl.an; 2. Reasonable and in the pubUc interest to change the existing transitional zoning pattern and allowing B~2 to abut a residential neighborhood in this location. 9/21/2007 Page 2 of2 Z-873 77 Case: Z-873, 09/07 Rezone 4 acres from CD(O&I) and R-15 to B-2 5111 & 5199 Carol ina Beach Rd. Petition Summary Data Owner/Petitioner: Jesse Yates and John Thompson Existing Land Use: Residential dwellings Zoning History: Area 4 (April 7, 1971) and [August 5,2002 for CD(O&I)] Land Classification: Urban Water Tvpe: Public Sewer Type: Public Recreation Area: Arrowhead Park Access & Traffic Vornme: Carolina Beach Rd. 6/06 ADT= 33,339 compared to 4/05 ADT=3l,086 +7% LOSE Fire District: Myrtle Grove Volunteer Fire Department Watershed & Water Quality Classification: Motts Creek, C;SW Aquifer Recharge Area: Primary or Secondary for Castle Hayne or PeeDee aquifers ConservationlHistoricl Archaeological Resources: None Soils: Stallings Septic Suitability: Class II- Moderate Limitations Schools: Pine Valley 78 I :< ~ /N"Q/..... (m () / / / f ! ~ "0 .,,~ rlrl:'.i. .cE 00 .~I/lI,i; 'tl . @.... wWe <:: Otlll.c '" !: +" t:: 0 => Iltl::=""ll " ~;: ...J /1 ~ ~ "Do;Qt Ii; ~ '" c<"m ;; .. . " " ~ @ ~ ~ f!:l'i'");.- ~ ~~,; 'g~~>~h -.., o~ riI CD -'!"" (jl e. ~~~ i? g~~~~~~ ~ '" "..!l ~" ( ~ !;~~ ihlh~ CO ~ 76= "',.r t NBJ: ' ~ J. 79 I AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF U ZONING AREA No.4 l I:, OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 /~~~) ( ,,' THE BOARD OF COMMISSI~R-S'~F-NbWHANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described lract from the R-15 Residential Zoning District Classification and placing it in the CD(O&I) Conditional Use Office and Institutional Zoning District Classification, said land being described as follows: BEJNG all of that parcel of land known to the New Hanover County Land Records as Parcel R07100-003-067-000 and being more particularly described in Book 1938. Page 0876 of the New Hanover County Registry: BEING all of that parcel of land described as Tract "B" on that map entitled "OVERTON DIVISION" recorded in Map Book 35 at Page 33 in the office of the Register of Deeds of New Hanover County, reference to which is hereby madefor a more particular description. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map No.4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section}, Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of sllch conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in fun force and effect from and after its adoption, Adopted the 5th day of August 2002. fP~y~ Attest: ~/~~C C rk to the Board ..._---,.~,,~ 80 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For ProCessional Offices & a BarberfBeauty Salon In a Conditional Use Office and Institutional Zoning District Z-736, 02/02 The County Commissioners for New Hanover County having held a public hearing on Monday, August 5, 2002 to consider application number Z-736 submitted by Nam Van Tran, a petition for a Conditional Use Office and Institutional district located at 5 III Carol ina Beach Road and hay ing heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 7'],.27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use wi II not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this . conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. The site has direct access to Carolina Beach Road (O.S. 421) C. City water and County Sewer are available nearby. 3. It is the County Commissioners' CONCLUSION that, the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No new structures will be constructed on site. The proposed uses will be contained within the existing 1~ story brick home. B. Th~ Zoning Ordinance does not specify any additional restrictions for these uses. e. Existing trees will be supplemented to accommodate buffer requirements. Other landscaping and parking requirenmets will be added to meet the requirements of the ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure thevalue of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is adjacent to a high density multi-family development and is less than 200 feet from the developing Super Wal-Mart 'at Monkey Junction. B. The proposed use will be housed in an existing residential structu~e. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character ofthe 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 confonnity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located in the Developed Land Classification. The purpose of the Developed class is to provide for continued 81 intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon local zoni~g regulations. B. The property is near the growing commercial center at Monkey Junction. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. Tha t the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Cormnissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Oth.er: I. All other applicable federal, state and local laws. 2. The use shall be limited to professional offices and a barber/beauty salon. . Ordered this 5th day of August 2002. &Jb/J:m.. 82 - N/F' I 0'0' OVERTO., E,",xil I ',.,y 1'1'7"_'7_"'''' CT 10, - ax. $7'1 F'O;;"',4./.,Z , NjP_ J'..:r. OVERrt:u.; ET Uk' 'T"/j'AC. r ., .B8;_Z3'Z P&o, e.4.S" ~.-s.:u~- 29'-1.r'E ,- ).p. ':--2'-'5.8&.'._' :.::..,._" ~ >i- f ) ::; I-.. I, 41' \l,J ~bt :", "~ -":~ ~Rl' w. a~: -'.J~.5..AC, :t: ~,~ ~ q~ ..... !IJ' -..--=u:;,p;:n., I:i. ~~~~ , -,:'1~ .. -;i '~ '?f '" I . ~ ~N~ i~ i~ ~, 'iN I'i _ I-li,j ki I <\1.1 ~l!::'. ~I! "'i' "'l~::t;: ~. ~ 'l;;il.;1!.l ,~ "", r 'i ~ ... i ,';, _"'''1.. LE~ENO: ,CARD 1..1~or' GGA'z:-'.r-~ ---R'C[l!Jb~'-: . I I.p' : IF/ON PIPI! . "'1 ~I \.~ .'. ..,,~ 8 .:; l1 ," .......... "I,P: J;!!'" '0<- IV 3'- -00' IV 2"'s,,,~' I Fp.r;t; SMN1>lftif $"I-IvS,Nlrr ~ $'k"..~ir I1I1Xll-Mr l{"'fiWl~S'N~I?~ :.11)' lfoVi'PriR._ ~"I Srlll!- V~C-ei'"fj71&rJ ro 0:;,:,).; fAE'.i1f:IVrl;'J> Ih~ N ",l?/>t:::P ~I rl-.r;gejl.,vllIJ&'il\ttrJ WIT/! HlflII1111.. 1>'S-rllA"'A'N(&' ~ QI NO 1M 1'1'. f!vi?"/oIENr ON IS'; I~ OIIV !- ~ r' ~"'I"'P. '/!>o-'A &l/;:JiI<l1/ /I, E]) '4 I , T'. ~ , ..., ~ ". "-..l", /'" .::/.1:::'_ ~...~- - I), s:- )/j.fJi/fw//y'III' .f:.Zr I '" 'QI .~I ... 1,1 ~, , .1 '" VJC:II-Jlrr' ~. SUB ;jEt:. r Ptf(jPi'i'l'1' '1"'1 IJ> NoT SUI'? VGY'RlFFEI?ENces: ~: l.lj Wll"#IN ~ speC/ilL FlO()/) IiP(. 232 ,.,t;. 24.5 ~ NRZIl!rl> /l (HI'''. IUI. Z.,." PC, 'ZB5 ~ ~ 5 tlJi' YEY PflECIS/.:JN: Si't', $7~ P$, 4. If, e I: 7S.:J,H' 131(. ~?'f ,at;, 58? lit . ~ ~ ~ vj SURVEY OF TRACT FOR n: THE ESTATE OF f~ VIRGINIA T OVERTON -~p Q :t POfiTlONS 01= TRACTS S/"!, AND IO-MYA TLE G-nOVE P/lRMS n. ~ ~ I MIl5()NSOf!O TOWNSHIP NEW HIlNOllJ:{'f COlJN ry N,C, no ;; SCALE /":; .:ro' MAI'lCfi 3,1'f'1$ " , .. 3 . E, 3 ' :>- "4,,,IIU.lh.,;~ ~. . . .", . . '" m\ :;:. ., , '" ~ ~ 2- . 4:' S9L - :: ..:; , i L-aM g:J i , ~o._ M ";:7.;/;;\ s ~. - ~ '~~4 M. ......~~ ROGE.R M. SEITTER "it,.~,.._..._~,..~," J. .'" 'n' . .... _ . -- 83 My name is Donald Potts. I own the unit at 1500 Honeybee lane. Many of the owners whose units abut the properties considered for rezoning are retired, elderly, and have arthritis or some of the other afflictions of old age. My wife and I belong in this category. We owned a large house but found that because of our infirmities, we no longler could look after the house or the large lawn and garden. We downsized and bought here in Willoughby Park, looking for peace and tranquility for the rest of our days. This tranquility will be disturbed for all of us abutting these properties of the rezoning is approved. If approved, any sort of business could be conducted on the properties. We have heard that a used car lot is being considered. If so we would have lights shining into our back bedrooms aU night long. If a fast food restaurant was erected, we would have noise and trash problems. I can think of no business other than those allowed in the existing zoning that would not disturb our quiet and lower the values of our properties. On behalf of all the residents affected by this proposal, I urge you to not consider any rezoning action. ~/~4~ 84 APPLICANT MATERIALS ,. 85 September 13,2007 Ms. Jane Daughtridge New Hanover County Planning Department New Hanover County Government Center 230 Government Center Drive, Suite 150 Wilmington, NC 28403 RE: Rezoning request appeal Z-873 CD(O&I) and R~ 15 to B-2 Carolina Beach Rd. Dear Ms. Daughtridge: We appeal the planning board's decision to deny the above reference zoning request. The vote was 6 to 1, not 7 to 0 as the nice lady with the short dark hair on the left hand side voted to support our petition. We also appreciate the support of the professional planning staff that works on behalf of aU citizens of New Hanover County. The fact that this board bowed to the concerns of the Willoughby Park Homeowners Association is unfortunate. The planning staff was correct in supporting our petition. A six acre nature preserve in the heart of the busiest commercial district in aU of New Hanover County to pacify the concerns ofthe people who bought town homes and or condominiums next to a Wal-Mart does not quiet seem fair. I have a record of working in commercial areas that are in need of redevelopment for the good of the community. For example, I am in the process now of trying to work out the details of donating 2.3 acres of land next to another Wal-Mart for the good of the citizens of New Hanover County. While this land will hopefully be donated to a New Hanover County non~profit foundation, this same foundation is in the business of making money to support the healthcare of the citizens of New Hanover County. Tonight, I go before a city council to argue for New Hanover County's interest to get this 2.3 acre tract of land rezoned 600 feet from a proposed Super Wal-Mart. In conclusion, I hope I am successful in securing commercial redevelopment potential for both tracts before both governing bodies because it is certainly in the best interest of all citizens of New Hanover County. The people of Willoughby Park are trying to prevent change because they do not know what the future holds, however change is inevitable in regards to multi-acre tracts adjacent to big box retailers aU across America. The big box retailers were there before Willoughby Park. Si"1f~ Je . , aes Cc: County Commissioners Mr. John Thompson 86 ,j ~ . Print Name Page 2 of2 ZMA.IIJ06 ""--="",, 87 8 :;i: t '" ~ I <:> '9 8 r- ":'f<,,,,_. 0 .J:il;",,"".{o,,~. a:: """~"t>l"", lot . 'l~ ! i ~.t I · \ ." 8 . " "; \ 9 "" ;. , " \.1 \~" . \ ~ " , - 0 . ". - 0 i . : . . . " '- . ~ " "8 i, . ~ ' '9 · "..~ " 0 i ~ ;'j 'I , " I '?" 1 'i 8 ,. " " - " 9 ,. _ , !', " 8 - " , " ~ '"i il S ~!!ili.~ ^, a::i ;;.~tI 'if" ~/' " I ~~Hi~. . , 'V ~Illii' ' ", 'ii -I, .! 'I i " , " '\ , I 0 '. i , 0 '. · 9 -. , ~ q . . ,~ 8 - - .' ~ " ~ o a:: ~ ~ I "':'" ~ h~"" '\. ~' ',,, , , ~ & " ~ ~ I ~ "'fk . 6 ; '+... 8l0$ ,~ · ~ll > , ~ Cl '1r,\. CO " ..... .. G' .~ w <:> g G' · #' 0 "g .. g , ~ ~~ ! ~ ,. ~ 8 o Cl a:: ~. ~ w <:> If/~ ~ liS o ~ ~ ~ / ~ " , ~ 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Modify Special Use Permit (S-004, 1n7, Mod. 9/07) - Request by Stuart Smith to Modify an Existing Commercial Marina Permit on 2.02 Acres at 2107 Middle Sound loop Road in the Conservation and Watershed Resource Protection land Classification to Add a Clubhouse and 3 Residential Building lots BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of this modification with the following added conditions: 1. Recommend the proposal as described in the presentation and on the submitted site plan; the clubhouse may include 4 stories with the 4th or attic story used as a residence apartment appurtenant to the marina operation. 2. Dry storage of boats not be permitted in association with this marina. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ S-004 modification-Staff Summary.doc S-004 mod Petition Summary.doc adjacent property map, applicant materials, site plan, and powerpoint handout ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with recommended conditions. 89 SPECIAL USE PERMIT S-004, 1n7, 7/90; Modification 9/07 Request By: Stuart Smith (Middle Sound Marina) for Va.nguard Properties ofNC, LLC Location: 2107 Middle Sound Loop Road Acres: 2.02 PLANNING BOARD ACTION: At it's September 6,2007 meeting, the Planning Board voted 7~Oto recommend approval of this modification witb tbe following added conditions: I. Recommend the proposal as described in the presentation and on the submitted site plan; the clubhouse may include 4 stories with the 4Th or attic story used as a residence apartment appurtenant to the marina operation. 2. Dry storage of boats not be permitted in association with this marina. HISTORY: Harrelson's Marina has been in existence al tbis site since the early 1950's, catering to small and large size boats.. The Middle Sound area,. i,neluding Harrelson's Marina was zoned R-20 on May 18,1970, at which time lhe marina became a non- conforming use since a Special Use Permit was not obtained by Mr, Harrelson. The marina operated as a full sen'ice boat yard. Early in 1976, Mr. Harrelson applied for a special use permit to make his operation conform and to add a restaurant. After opposition from lhe surrounding community, thaI request was witbdrawn. Later tbat year, he requested a Special Use Permit to expand his existing operation. In January of 1977, the New Hanover County Commissioners approved a special use permit for expansion of the marina. The site plan presented for tbe expansion oCthe marina is crudely drawn and focused its attention on the additions rather than the existing conditions, so little is known about the original operation., Additionally, the file contains no official site plan representing the tinal approved project, so the draft version is used in conjunction witb tbe permit itself and minutes of meetings to interpolate the approved operation. In mid-1990, the permit was modified to accommodate changes to the Oakwinds Marina portion of the permit to include 27 additional slips and an office building on the south side of the water body. A minor change relating to the signage was administratively approved in 1997. A special use permit runs with the land and is binding on the original applicant, their beirs, successors, and assigns. Minor changes may be approved internally. The portion of the original marina which enjoys road frontage on Middle Sound Loop Road changed ownership in 2005, and the new owner wishes to redesign this portion of the marina and also "un bind" some of the land area in order to establish 3 disassociated residentiallats, leaving one 27,560 sq. ft. lot to accommodate parking and a clubhouse for the commercial marina while retaining 30 wet slips along the full riparian area of the original operation. Residential lots will relinquish their riparian rights. Preliminary Staff Findings for addendum to 8-004,1/77 1. The board must tind that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. S-004 Modification I 9/20/2007 90 A. The subject property is accessed via Middle Sound Loop Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service A&B. B. Public water is in the vicinity. C. Public sewer is subject to the Northeast Interceptor moratorium. D. The site is located in a special flood hazard area. E. Stonnwater controls must comply with state and county regulations.. F. A proposed 4-story clubhouse amenity will contain restrooms, offices, storage; meeting area and an apartment appurtenant to the marina operation. The building will be subject to limitations and construction standards for flood hazard areas. G. The modification eliminates boatyard operations and maintains the facility without haul-out repair and maintenance services. 2. The Board must find that the modified use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-20S Residential Zoning District. The district is intended for low density single family residential use and does not penn it mobile homes, duplexes, residential clusters, attached residential or high density residential uses. B. Commercial marinas may be allowed by special use penn it in this district under conditions outlined in 72-31 ofthe ordinance. A dwelling unit contained in a principal use will be subject to the conditions of 72-29 of the ordinance. c. No outstanding violations of this portion of the existing pennit have been noted by code enforcement officials. D. Proposed off-street parking is shown at 46 spaces. The requirement for the 30-slip marina is 30 spaces. The proposed clubhouse/amenities building will require adequate combined parking to be in compliance with all requirements of the ordinance for all proposed uses. E. A CAMA major penn it is required from the Division of Coastal Management Based on the most current proposal, a modification of the current applicant may be required. 3. The Board must find that the modified use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. All riparian rights will be subdivided into and retained by the marina property. 4. The Board must nod that the location and character of the modified 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 de\'elopment for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location as Watershed Resource Protection and Conservation. The Resource Protection Class is intended to provide for the preservation and protection ofimportant natural, historic, scenic, wildlife and recreational resource. Watershed Resource Protection sub~class focuses on minimizing new impervious surfaces and to promote low impact best management practices for development and redevelopment. The Conservation Class is intended to provide for effective long-tenn management and protection of significant, limited or irreplaceable natural resources while S-004 Modification 2 9/20/2007 '''"'_H'O _'. ._.. _mmm_...._..m 91 also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. B. Surrounding properties are the remainder of the original commercial marina and single family residences. Staff Comments: L Staff feels the findings are positive. 2. Staff supports the Planning Board condition that dry storage ofboat will not be allowed. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the onlinance. S-004 Modification 3 912012001 92 Case: 8-004, l/77; 7/90; Modification 9/07 Petition Summary Data OwnerlPetitioner: Stuart Smith (Middle Sound Marina) for Vanguard Properties, LLC Existing Land Use: MarinaIBoatyard Zoning History: Area 3 (May 18, 1970) Land Classification: Watershed Resource Protection/Conservation Water Type: Public Sewer Type: Public Recreation Area: Ogden Park; Public Trust waters Access & Traffic Volume: Middle Sound Loop Road; ADT = 133(l1l06) compared to 108 (4/05) +23% LOS: A&B - Free to stable flow Fire District: Odgen FD Watershed & Water Ouality Classification: Middle Sound - SA; HQW; 303(d) Aquifer Recharge Area: Shallow water table ConservationlHistoricl Archaeological Resources: AE Flood Hazard Soils: La - Lakeland; small amount Jo-Johnston Septic Suitability: Class I-Suitable; Class IV-Unsuitable Schools: Ogden Elementary 93 N Q N ci:. ~NM"""'-"''''Q~N1... 'O:Ii - - - ~ ::J ~ _N Z ~ c ~ ~ ~ ~ ~ ~ "8 ~ 81 - ~-o i~rncn M:' & "." ~~:9 j :joj ~ ~ ~ ~. ~ Q ill"" ~h lIl1g~iu'>:l o.~5~ ~~ ~~8~~~~~~B l'-='EJl", 1m 11iJ~ tJl€H~ sq~..!; ~'" "1'1"'''''' (l)li...:g~, , " 'l' If 'l' ~'~~H~ ~,~ &?~IJ~~~~lh <:) I! c. ~ ,Y ,.,,~.; "\ i ~ ~ '!i ~ 5 r: 5 ~ ~ ~ Qg~mQ. ll',r~ ~ 0I1!'i!;<!i!!1.;II>'l!"22.; VJ~~.h. ' 1;; H~;;;"~~~d;;j~!:i: 94 APPLICANT MATERIALS " 95 August 8, 2007 New Hanover County Planning Department Special Use Permit Application Narrative of Proposed Use for Middle Sound Marina #1 Middle Sound Marina is or was a working boatyard located on Middle Sound Loop Road in New Hanover County. It is currently permitted under a vague or broad description of use, as was the prevailing theme at the time of its issue of special use permit number 004. Over the years this boat yard undertook all forms of marine repair including sandblasting, painting, haul out, major refits and boat building. Several dwellings and offices existed on the property but its primary function was that of a thirty three-slip marina and a fun service boat yard. As a working yard many hazardous materials were stored on site and sandblasting and painting were conducted with little regard to the public safety or abate noise. Under the development plan Middle Sound Marina has already started to transform into a model for the health and well being of our environment and neighbors. Our first action was to secure the property with fencing during the demolition and construction phase of development. Under a CAMA minor permit several structures were removed and a section of nonfunctioning bulkhead was replaced. All hazardous materials on site were cataloged and removed and soil and erosion control were implemented. Large areas of gravel have been allowed revert to grass and a mammoth cleanup operation removing fifty years of accumulated junk that cluttered the area has been completed. These efforts and our continued efforts do not endanger the public health and safety but guard and vastly improve the health and well being of all. Additionally we have retained the services of a marine biologist to advise and assist in developing a plan for the enhancement and recovery of our marine eeo system. #2 Our plan for Middle Sound Marina has taken into account aU of the current rules and regulations that apply to this property. We have made every effort to comply with all that has been requested by the many government agencies. Our plan call for the removal of all remaining building and replacing them with structures that meet the current set backs, elevations, landscape buffers, pervious areas, storm water and water quality discharge, parking, handicap access and uses. We are asking the board to allow us to reduce the area under the existing permit, consolidate the support area and building for the thirty slip marina to a single lot of 96 twenty seven thousand feet and return the three remaining lots of twenty thousand feet to the current surrounding zoning of R~20S. The completed overall appearance of the properties as a whole has also been considered with the design of the marina support building and parking to blend with the surroundings and have a more residential appearance. #3 The overall theme and design of Middle Sound Marina is that of soft landscapes, quality homes and a "green marina". Upon completion, the area will appear more unified and the adjoining and surrounding property owners will enjoy the benefits of these improvements. All parties sharing the basin will enjoy the advantages of new bulkheads and docks and several of our neighbors are currently seeking permits to upgrade their docks and bulkheads to the same materials. All of our neighbors are very enthusiastic toward the upcoming improvements to the basin, which also include dredging. The changes requested for Middle Sound Marina and residences not only vastly enhance the value of the adjoining and abutting property owners but aU property owners within the basin and area. #4 With th.e Planning Department, Planning Board and the Board of County Commissioners approval of our plans as submitted for the redevelopment of Middle Smmd Marina and residences, the eyesore of a working boatyard will disappear. With our plan implemented the area will have a greatly improved appearance and be in harmony with the surroundings. We feel the redevelopment of Middle Sound Marina falls within the scope and conformity of New Hanover County's plan for development. Thank You T. Stuart Smith Middle Sound Marina 97 August 8, 2007 To: New Hanover County From: Middle Sound Marina Subject: Middle Sound Marina's past and present uses, supported by county aerial photograpbs and interviews with past employees and residents of Middle Sound Marina and the surrounding area. The attached photos are from the county archives and are dated as 1998, 2000 and 2006. The quality of the photos are poor however we were able to use these and with the help of those wbo worked or lived near the area were able to compile a reasonable accounting of the buildings and there purposes. Each photo has been highlighted and labeled and show the outline of buildings or of known buildings but due to timing of the photographs or optical angle or quality of the photographs are not clearly visible. A: Two story concrete block and metal building witb an attached single story block area with a total area of 3600 square feet. This building housed, toilets, shower and wash area, offices, wood shop, mecbanics shop, parts room and water pump. B: Single story slab and timber frame building with an estimated area of 3000 square feet. It's uses included, a dentist office, boat sales, marina management, bathrooms and conference room. C: Block and metal frame building housing, electrical panels, tramway gears, motor, winch, cables and drive. The estimated area of this building was 150 square feet. D: Slab, block and timber frame building with an estimated area of 170 square feet. This building was used as a well house and storage. E: Block, metal frame and canvas structure with an area of 1000 square feet used for sandblasting and painting. F: Metal and wood frame building with an area of200 square feet used for storage. G: Slab block and wood frame building with an estimated area 200 feet, used as a well house and storage. H: Two story slab and wood frame duplex apartments with an estimated area of 3000 square feet. 98 I: Concrete slab and wood frame hath house and toilet facility for the marina with an estimated area of 500 square feet. J: The cottage of the original owner of the marina, timber frame construction and estimated at 900 square feet. K: Timber frame well house and storage building, estimated at 100 square feet 99 COASTAL SITE DESIGN, PC PO Box 4041 Wilmington, NC 28406 Phone: 910791-4441 Fax: 910791-1501 Middle Sound Marina is an existing 2.02 acre Marina located on Middle Sound Loop Road in New Hanover County. The site is 56% impervious and the petitioner is proposing to reduce the impervious from 56% to 25% and create 3 single family lots and one amenity center. The amenity center will be a three story structure used for offices, storage, meeting areas and restrooms. Parking for the amenity center and boat slips will be located on the amenity center site. 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II <: , , i "I I I, I 2 ,:Ij. in "" :I!I ! ~,,_.,,"_ U G 129 This page intentionally left blank. 130 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Special Use Permit (S-579, 9/07) - Request by Generation Builders to Place a Community Boating Facility in an R- 15 Residential Zoning District on Whiskey Creek for Masonborough Plantation Subdivision off Donnelly lane in the Conservation land Classification BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of this request with staff recommended conditions. No one from the public spoke at the hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: [gm [gm S-579, 9-07-Staff Summary.doc S-579 Petition Summary.doc adjacent property map, applicant materials, site plan, and stormwater, sediment & erosion plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved with staff conditions 5-0. 131 SPECIAL USE PERMIT S-579, 9/07 7-slip Community Boating Facility Request By: Generation Builders (Mark Smith) Location: Donnelly Lane off Masonboro Sound Road Masonborough Plantation Subdivision Acres: Approximately I2 PLANNING BOARD ACTION: At its September 6,2007 meeting the PI.anning Board voted 7-0 to recommend approval of this request, in accordance with the staff recommendations. No on.e from the public spoke at the hearing. Preliminary Staff Findings 1. The board must find that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is accessed via Donnelly Lane to Masonboro Sound Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan with Level of Service B. B. The landward portion of the project is within the City of Wilmington municipal boundary (annexation was effective as of September 30, 2000). c. City Water and Sewer serve the area. D. Fire service will be provided by the City of Wilmington E. Stormwater will be regulated by the City of Wilmington. F. The facility is designed to accommodate 24 ft and smaller boats stored in slips with lifts. 2. The Board must find that the modified use meets all required conditions and specifications of the zoning ordinance. A. The site is located within the City's planning jurisdiction on the landward portion but Whiskey Creek remains in the County'sjurisdiction, so county rules apply to the boating facility. B. The facility will serve a 22~lot subdivision within the City of Wilmington. c. Community Boating Facilities are allowed by Special Use Pennit in the R-15 Residential Zoning District D. Off-street parking will be accommodated at home sites in the subdivision, E. A lO-foot pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. Applicant states that riparian rights of waterfront lot owners will be deeded to the subdivision's dock association. G. No commercial activities are proposed or allowed for the facility. H. A CAMA pennit will be required from the Division of Coastal Management 3. Tbe Board must find tbat the modified use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 8-579, 9/07 I 9/20/2007 132 A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along Whiskey Creek. C. Whiskey Creek experiences a significant fluctuation in water body width and a severely limited channel width at low tide. Careful design is necessary to avoid navigational conflicts for other users ofthe creek. 4. The Board must find that the location and character of the modified use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location Conservation B. Surrounding properties to the east and west have docks. C. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. D. The waters of Whiskey Creek are classified as SA(Shellfishing); HQW(High Quality Waters) 303(d) impaired water quality. E. Surrounding land uses include single-family housing,. some with docks and piers. Staff Comments: I. Staff suggests that approval ohhe project be made subject to the City's standards for community boating facilities since the subdivision it will serve is located within the city's jurisdiction. The City's standards are as follows: (a) The right to use a community boating facility must be conferred by a properly recorded easement appurtenant to the residentiallot(s) it is intended to serve.. (b) No commercial activities of any kind shall be allowed within the confines of the facility. (c) A community boating facility may be allowed in tidal waters in lieu of private individual docks provided they meet the following criteria. (d) Community boating facilities shall be designed and maintained without dredging in any SA waters, Outstanding Resource Waters (ORW) or Primary Nursery Areas (PNA). (e) Use offacilities will only be allowed by residents ofthe subdivision in which the community boating facility is constructed and such use may not be transferred to a non~resident or commercially let to a non-resident of the subdivision. (0 One boat slip may be allowed per residential unit up to a maximum often (10) boat slips per community boating facility. (g) Waterfront properties included within the subdivision are prohibited from constructing private docks. (h) A platted subdivision may not be further subdivided and qualify for an increased allowance of boating facilities over that entitled to the original platted subdivision. (i) A maintenance pl.an shall be approved by the City that includes best management practices to prevent, control, or minimize the entry of any substances that can be toxic to aquatic biota., pose a threat to human health, or degrade water quality. Such substances that shall be controlled include, but are not limited to paint chips or sandings, oil and grease, fuel, detergents, sewage and fish waste. (j) Community boating facilities are required to adhere to the following restrictions and best management practices: (I) Facility uses are limited to mooring, landing, and storage of boats. $-579, 9/07 2 9120/2007 133 (2) The number of boats maintained on the site may not exceed the num ber of mooring slips permitted. (3) No boat maintenance and no boats with heads are permitted at any community boating facility. (4) Exterior storage on the site is prohibited. (5) No underwater hull cleaning is pemitted. (6) Manage boating activities to decrease turbidity and physical destruction of shallow water habitat by restricting boater traffic in shallow water areas; establishing and enforcing no wake zones to decrease turbidity, shore erosion and damage. (7) No impervious surfaces will be allowed in association with a community boating facility. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. S-579, 9/07 3 9/20/2007 134 Case: S-579, 9/07 Petition Summary Data OwnerlPetitioner: Generation Builders (Masonborough Plantation SID) Existing Land Use: Vacant Zoning History: Masonhoro (Oct. 15, 1969); Landward Annexed into City 1999 Effective (September, 2000) Land Classification: Watershed Resource Protection/Conservation Water Type: Public Sewer Type: Public Recreation Area: Pubic trust waters Access & Traffic Volume: Masonboro Sound Rd. ADT 2,160 (4!05) compared to 2,087 (10106) ~3% LOS: B - Stable flow Fire District: Wilmington FD Watershed & Water Ouality Classification: Whiskey Creek - SA; HQW; 303(d) Aquifer Recharge Area: Primary recharge for Castle Hayne or Pee Dee ConservationlHistoric! Archaeological Resources: AE Flood Hazard; Brackish Marsh Soils: La - Lakeland Sand Septic Suitability: Class I; Suitable to slight limitations Schools: Parsley Elementary 135 ~ N M ~ ~ ~ ~. ~ ~ 0 ~ ~ i ~ ~ ~ ::... ,j. " 'u "' ~ ,S c ro ..... "5. m ~ "." iD -c 8 llnl >. II:: = ;r,n ~ ~ & .""W. ~ ~ Ci W . ~ . :I: t1.: u ~ i ..J '.J :~ ~ f:J 9 ~ '" .Iffi 15 0: 1\ m ,,",~';,2U j ~o:~>-5 Q E'" e '" ili" ~ ili ,.,.. Qil~~ . is. 1JH~(}.!li1 -..~ 0".8" 8 ~~"'I<>:!... ~"l: c:D~.;;ii 4r." ~ ~djt~~.~~.q!; ,,",;;E!~ ., ~ ~!1:di],,'I<~ li'liJ "lfl.g;;'a. ~ ic$.O!>-!iigJi1i~.1t.ilJ~. ,"a.8o.. 'fI) ~--'~~ID'rntsit~~. v#~~< ~~~~~~~i~~~ 136 APPLICANT MATERIALS , , 137 Submission Requirements for New Hanover County Special Use Permit Submitted by Generation Builders, Inc. 1. Copy of current tax map: See attached 2. Location of existing and / or proposed structures to be used in connection with the requested use: See attached location map 3. Location of off-street parking and ingress/egress: Parking for the boat dock facility will be accommodated at the residences within Masonborough Plantation associated with the individual boat slips. This facil!ity is for the exdusive use of homeowners of Masonborough Plantation. 4. location and dimensions of proposed sign(s): There is no signage associated with this boat dock facility. 5. Location of site relative to maJor thoroughfares: See attached location map 6. Setbacks from property lines: See attached Access Pier and Boat Lift Placement Plan 7. Narrative of proposed use: Masonborough Plantation is a private 12~acre residential community located on Whiskey Creek in Wilmington, NC. Generation Builders has developed 22 lots within Masonborough Plantation which surround a 27,000 square foot park providing a community gathering space and picnic shelter for its residents. A prominent feature of this community will be the proposed dock facility featuring a gazebo and seven boat lifts. It is our understanding that the dock faCility not only exceeds CAMA requirements, but also addresses environmental concerns with its innovative design. Further, the dock facility is aesthetically congruent and superior in design to all docks currently on Whiskey Creek and causes no navigational impact. The proposed boat lifts at Masonborough Plantation are designed for 24 foot and smaller boats (i.e., skiffs, bay boats and smaller center console boats) which are similar to the boats that currently traverse Whiskey Creek. Most importantly, our lifts are specifically designed to prevent boats from IVing on the bottom of the creek at low tide, thus greatly preserving the primary fish nursery in the creek. No other dock facil,ity in Whiskey Creek offers such an environmentally sensitive design. The maJority of the docks currently on Whiskey Creek do not include lifts, and therefore cause boats to rest on the bottom ofthe creek during low tide. In the case that the Special Use Permit application is approved and this dock facility is constructed, the riparian rights associated with waterfront lots within Masonborough Plantation will be deeded over to the subdivision dock assoCiation. 8. Adjacent property owners and uses: The lots immediately surrounding the access pier are within the subdivision of Masonborough Plantation and are offered for sale by Generation Builders. The adjacent properties to Masonborough Plantation are the primary residences of James Nesbit (716 Mason Knoll Drive) and James Bailey (815 Masonborough Sound Road). 138 MasonborOUI" Plantation is conveniently located with easy access to quality schools, shopping, restaurants, local beaches and hlstori( downtown Wilmington. ! From Oleander Drive heading East: -Turn Right onto Pine Grove Drive -Veer Riiht onto Masonborough Loop Road -Turn Left onto Masonborouan Sound Road -Masonborol.lgh Plantation will be on your Right . r: -' .... ~~ ~- " 139 "'" R07209-01 ~OO3-:" I :?1..j,J'Z 0:: R07209-010.004-000 0 ,.,!, ..:..J 8'" ltJ !If} ~ 2: -'-' ~ ~ ltJ C1.l ..::J' I ~ UI z R07209.Q 1 0-001-026 2: 0 (;; G:l lei ~ ~ Ri 1'6U:ta : e i R07209.01o-005-000 R0720 -003-019-0qO {Ij, . 11f; R0720o-00S-012-000 ,:::!g..44 R07200-5-01S-000 .. 1Ii R07209-010-O \3\.41 ~j' '~ R07209-010.001-Q22 ~, /fi, ~~q ~. 1;i,' ""'01 ; 1fJ." q R07209.{l1O.{l01-023 -iI; "' ~(->Q ~' '6....~ ~' t! R01209-010-001.{l25 <J'" ,:::'; R07209-01 0-001-1)24 i 01>/ R01200-00S-001-000 *, ; I . fi, ~?.... ~_.:)l5,^, . ~ R07209-004.0~i'-OOOio:i,'~'~ ~;;. ~.~ .......1 ..v,-';\l} . 140 ., g 1;(l.62 R07200.00S-p14~OOO 1J;j~ 1'>.,: ~' 9-01o.p<lS-OOO 2'14,J,2 z .;J j... .;J .;J llJ Z Z (!) Gl il'o- .. ~ ~ RonOS-003"()19-000 ROnDO- S..()15-000 R07200.,o05-012-000 \lI>. ~. trii SQ.:qi? :2J.;)'~ . 141 .// /f~i/"'-'" ,....../ ...-,// /...-/ ,//, ,/'" // ",/'-" / /' / / / / // / // / .../ // / ,'"' // / .fr' ...-"'- " /" /' / /~ ~ / //'" /<1:.7"'- // .'L" I "'~...,., ,i" t .;('. II I -J.~ \>/.e<F ~;d''' I l' I' 'I f ,.j llj "1- Masonborough Plantation, ~',"., . 142 ~ " 1." ~~: ~ 'I i ): \--". \. \. \ \~ ...~ i,I. .' \ ;; --~.- 143 This page intentionally left blank. 144 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.5 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI, Creating Section 69.18: Traffic Impact Review Process BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of this text amendment. No one from the public spoke at the hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: [gm [gm A-352- Staff S ummar}'-R evised. doc A-352- Traffic Impact W orksheet-R evised. doc Carey Disney Ricks/WRAR letter ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was pulled. 145 CASE: A~352, 6/06 Applicant: Staff REQUEST: Zoning Text Amendment for Article VI, Creating New Section 69.18: Traffic Impact Analysis PLANNING BOARD ACTION: At its September 6, 2007 meeting, the Planning Board voted 7-0 to recommend approval of this text amendment No one from the public spoke at the hearing. HISTORY At the December 5th 2005 New Hanover County Board of Commissioners , meeting, the planning department received a directive from the commissioners to research methods of regulating significant traffic impact projects. The commissioners' desire to initiate some form of regulation was due to the enormous traffic generated by these types of land uses and the critical state of the county's transportation infrastructure. Since that time, several workshops have been held to address the issue. These were attended by the Planning Board and good representation from the development community, but transitions in staff, Planning Board members, and even development advocacy leadcrship has delayed the process as all new parties have felt a need to revisit the issue. Planning staff has researched how other urbanized areas address traffic impact analysis. Planning Board members have spoken with many interested parties, and advocacy groups have met to establish industry positions and offer suggestions. The most recent Planning Board workshop on August 23rd was well attended by 13 representatives of various development interests, and the issue was thoroughly discussed by the Planning Board. The MPO coordinator was also in attendance to answer questions about how the TIA process currently works and to offer support for the text amendment. The Wilmington-Cape Fear Homebuilders offered stronger language than the staff's suggestion for traffic generation thresholds, and at the Planning Board's direction, most of that language has been incorporated into the revised text proposal below. Other input from the workshop has also been captured in this revision. Since the county already requires Traffic Impact Analysis (TIA) for residential subdivisions and special uses that generate 100 peak hour trips, this action is viewed as a practical, proactive step to hold all traffic generators to an equal standard for mitigating impacts, regardless of the use category. It is anticipated that most applicants will quickly recognize when a TIA is needed and will make contact with the Planning Department prior to submission of a site plan in order to work through the scoping process and determine the traffic mitigation measures needed. NOTE: The original staff proposal included a second strategy to deal with community concerns on large commercial projects that involve more than just traffic generation or access aspects. That proposal would have created a size threshold for a commercial project to become elevated to a Snecial Use. Elevating the approval would allow the Commissioners to review and evaluate the need for conditions like additional buffers, lighting limitations, and perhaps even design standards for large commercial projects in addition to the traffic impact 9/2012007 Page 10f3 A-352 ~---'-~""~""'_'__m","~.=-=--------",~_" 146 mitigation and other safeguards in the public interest. Again, the development community weighed in and suggested taking this part of the proposal in a different direction. Coastal Carolina Today, an advocacy group representing commercial developers, suggested requiring detailed design standards for all commercial projects over 50,000 sq. ft. but leaving the uses as permitted rather than requiring individual evaluation of projects by the special use process. While staff does not oppose this approach, our thought to date had been toward the more individualized special use process where projects would be differentially evaluated on a project-by-project basis. Staff feels if there is interest in pursuing "blanket" design standards, we would like more time and a broadly collaborative effort to develop meaningful standards. If the Commissioners desire for staff to pursue design standards a recommendation should be sent to the commissioners for their consideration. ADDENDUM: Subsequent to the Planning Board meeting, staff met with development interests who asked for some minor clarifications and also suggested two substantive changes to the Planning Board approved version. Below are strikethroughs and minor new language (underlined) that represents a mark-up staff would support THIS IS A NEW SECTION IN THE ORDINANCE: Scction 69.18 Truffle ImTJactAnalvsis - Before a nonresidential project is submitted for site plan review, tlte applicant shall prepare a Traffic Impact Workslteet which will be submitted to the Planning Department for verification. (1) Where tlte worksheet indicates truffic generation of 100 peak hour trips or 1,(J(}f} w:lticle lriprper day, based upon the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, then ti,e applicant will be required to peiform a Traffic Impact Analysis. (2) The applicant and/or his traffic engineer sl,aU request a scoping meeting witlt tile Planning Director or .his designee, the MPO Coordinator and an NCDOT Traffic Engineer to determine the scope of the Traffic Impact Analysis study. Electronic communication amonllparties may be utilized to facilitate the scoping process when necessary. (3) AU Traffic Impact Analysis studies shall be prepared by a licensed engineering firm that has relevant experience to peiform the requirements defined in the scoping process, and shall be signed and sealed by a quali/led professional engineer. To the extent applicable, eneral uidance and standards for traffic im act anal ses is outlined in a _ ublication entitled "Traffic Impact Study Standards" oril!inalIv approved by the County Commissioners on May 20, 2002. (4) Seven copies of the completed study will be submitted to the Planning Director or his designee for review and approvaL 9/2012007 Page 2 of3 A-352 "-"'_'_""'_"~mm"'__.."".,..",~"=..._._",,,,--"~._ 147 (5) In considering the results of the traffic impact analysis, the Planning Director, after collaboration with the MPO Coordinator ond NCDOT, may accept the recommendations of the TIA or may require additional improvements hased on identifiahle cumulative impacts or special puhlic safety situations. The collaboration shal/followprocedures already established hy the MPO for communication with 011 porties. (6) Tile applicant will be notified with comments within 30 days of receipt of the final TlA. :f!:::,':..., :;,":,~- ~:~"':..ti"!nd::,~~::~ =:::::::: 1Ire-;"-:; ;n =:::::::!:{.~~:.n~m.e~~~~r:i= ::'Ef?::.ti:.~:;;;:::::'~~";;~~:==oj tNifjie '1HfJ6eltfnd tfJJ/JI'eprHlte I'HltlgaHlJlf thN'eof. ACTION REQUIRED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers th.e action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment as presented herein is (or is not): I. Consistent with the pUrposes and intent of land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to establish a method for regulating significant traffic impacts on nonresidential projects on the same basis as for residential subdivisions and special uses in the county. 9/20/2007 Page 3 00 A-352 - - 148 Page 1 of 1 O'Keefe, Chris From: Carey Disney Ricks [carey@wrar.com] Sent: Friday, September 07,20074:42 PM To; O'Keefe, Chris Subject: Comments addressing text proposal for TlA Attachments: RCA response to NH Co.doc Dear Chris, Please include the attached leller sent to the Planning Board and staff on Tuesday, September 4th, 2007 in the Commissioner's package for consideration. We appreciate the opportunity. Carey Disney Ricks Governmental Affairs Director Wilmington Regional Association of REAL TORS@ and the REAL TORS@ Commercial Alliance of Southeastern North Carolina lSIG:46elb7aaI68491189914760! . 9/7/2007 149 Wilmington Regional Association of REAL TORS@ and the REAL TORS@ Commercial Alliance of Southeastern North Carolina GOH'I'ulut.'ufal /\fhlif's August 31, 2007 On behalfofthe Wilmington Regional Association ofREALTORSili and the REALTORSr&. Commercial Alliance of Southeastern North Carolina representing New Hanover County's residential and commercial REAL TORS@ I want to thank you for this opportunity to submit some points of clarification and request for resolution regarding the text amendment proposal Traffic Impact Review Process and the Special Use Permit requirements for commercial projects greater than 25,000 sq ft. I attended the August 23m Planning Board work session at which time the support document Zoning Text Amendment for Article VI, Creating Section 69.18: Traffic Impact Review Process and Section 72.39 Large Non~residential Development Projects was reviewed. We agree with and support the consensus of the Planning Board and staff at that work session to delay action On the application of a special use permit for the larger non-residential projects. It has been our position that more specified long range planning techniques instituted to improve the aesthetics and functionality of future development would better serve the desired community cohesiveness and impact rather than blanket and varying applications of more punitive review. Such long term planning techniques that we have suggested include the creation of an overlay district wherein community, stakeholders and the County Commissioners participate in the long term vision for a community, and how this vision and development can work in accord. It is the Traffic Impact Review Process and the Administrative Process for a Traffic Plan Review that I would like to provide some opinion and request resolution. During that meeting, several items within the Traffic Impact Review Process proposal were deliberated on, several that I had the opportunity to submit comment to staff and the members of the Planning Board. With consideration of the methodologies for review, items a and c refer to a site plan review hold and the pending recommendations of three entities, the Plalming Director, the MPO Coordinator and the NCDOT Traffic Engineer. It was discussed by the Planning Board that review was subject to the personalities of those three individuals involved, and that subjectivity was inevitably part of the process. It was with this consideration that I and others expressed some need for a defined review process utilizing approved MPO and rTE standards be included in the proposed languaae. I additionally requested that the review process be given an acceptable period of time for completion with the addition of an appeals process to reflect some relief for applicants whose projects wcre delayed beyond an acceptable period oftime for review. This appeal was to include a mechanism wherein the applicant could appeal to the County Commissioners to expedite the rendering of compliance. ."._"" '."<<~'_~m'~__ 150 Michael Koslosky, Senior Transportation Planner with the City of Wilmington and MPO responded that most review, once initiated, is generated in about a month. He could not commit to a time wherein review would be initiated. While non~residential review in the City of Wilmin!,>ton is being used as the model for this proposal, please let me emphasize as was clarified for me during the work session that the City of Wilmington can conduct the site plan review concurrently with traffic impact analysis. That is not the proposal for New Hanover County. The County document titled Administrative Process for a Traffic Plan Review clearly states that "the site plan review process is on hold until the TIA is provided and traffic improvements recommended are evaluated by the Planning Director, the MPO Coordinator, and the NCDOT Traffic Engineer", As Mr. Koslosky stated prior, it would take an undetennined amount of time to initiate the review, another period of time to conduct it, and any additional times for deliberation by these said entities. The exorbitant costs associated with delaying a commercial development project, the negative economic impact of that delay, and the potential outright discouragement of commercial growth in an already highly sensitive New Hanover County commercial market should not be disregarded. There should also be great consideration placed on the lack of an abundance of traffic engineers in our area to conduct the necessary analysis and review required of the applicant and any resulting traffic remediation measures so required. It is with this consideration that non-residential projects proposed for New Hanover County would be at a distinct disadvantage to non-residential projects proposed within City limits or in other neighboring and welcoming counties and we would recommend that consideration of this additional review be delayed until a more equitable and efficient mechanism for review can be explored. I would also like to respond to a proposal submitted by a work session audience member for consideration during the Planning Board work session, a proposal regarding a modified threshold or trigger for non~residential traffic impact analysis of 1,000 average trips per day. The existing standards set at 100 peak hour trips are represented in the ITE guidelines, as is an established .parameter for DOT pennitting at a 3,000 average day trip trigger. Arbitrarily picking a 1,000 average day trip trigger in addition to the 100 peak hour trips is overly punitive, random and does nothing to address the issue at hand; peak hour traffic considerations, roadway or intersection remediation. The unnecessary burden and time constraints to the non~residential development review process again pose what could be unrecoverable challenges to our region's commercial economy, and we are in objection to its introduction. Additionally, modified traffic review standards should be applied unilaterally, i.e. to include residential and special use pennits, rather than single out non-residential development as was initially proposed. If a more efficient traffic review process can be established to occur concurrently with the site plan review, we would recommend that only approved ITE I MPO I DOT standards be applied to include the 100 peak hour trips or the 3,000 day trip trigger for ingress and egress and that is be' applied equitably. Thank you for this opportunity to respond to this item and we look forward to participating in future considerations of efficient and effective long range planning mechanisms and traffic review. ".~." 151 Carey Disney Ricks WRAR and RCASENC Governmental Affairs Director Representing New Hanover County's REALTOR'!\) Community . .~~=-----_.. 152 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be requiredfor all projects generating 100 peak hour trips or more 8r 1,(}(J() tl~l'tlge Ran,' t;-ips. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME PROJECT ADDRESS DEVELOPERJO~ER EXISTING ZONING GROSS FLOOR AREA sq. ft. NEAREST INTERSECTION BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERA nON ESTIMATE: USE AND V ARlABLES: (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS PM PEAK HOUR TRlPS (Traffic generation ofl 00 peak hour trips will.require Traffic Impact Analysis Scoping meeting with Planning Department) Person Providing Estimate Peak HOlJr estimate con tinned by Planning Department on (Date) By ~h___' ,,,"~,.....u 153 This page intentionally left blank. 154 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.6 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment (A-358, 4/07) - Request by Staff to Amend Sections 23-62, 23-62.1, and 72-37 Relating to Conditions for Community Boating Facilities and Private Residential Boating Facilities as Neighborhood Amenities to Residential Subdivisions BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of this text amendment. No one from the public spoke at the hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ A-358-Com Boating Facilil}' Staff Summar}'-CC version. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to continue the item to a future meeting, with a work session to be scheduled prior to the staff meeting for agenda review for that meeting, was approved 5-0. Staff is also instructed to work with Mr. J. B. Piner, who spoke during the public hearing. Staff will involve CAMA representatives as well. 155 CASE: A~358, 4/07 Applicant: Staff REQUEST: Zoning Text Amendment for Sections 23-62, 23-62.1 and 72-37 Community Boating Facility and Private Residenti.al Boating Facility PLANNING BOARD ACTION: At its September 6,2007 the Planning Board voted 7- o to recommend approval of this text amendment No one from the public spoke at the hearing. HISTORY In the past two years, requests for community boating facilities have illuminated situations that needed clarification or produced standards that became routinely included as conditions. Staff proposed a text amendment to try and clarify the intended circumstances under which boating facilities other than marinas are appropriate as amenities to a subdivision. This proposed text amendment includes modifications to the original proposal and incorporates input from discussions at the August 23,2007 Planning Board Workshop. The change will not apply to subdivisions under active review which include private residential boating facilities. (Proposed amendments are bold italics underlined) DEFINITIONS 23~62: Community Boating Facility - A private, non-profit boating facility including a dock, pier and/or launching ramp on property having water frontage; the use of which is intended to serve onlv one subdivision or unified develomnent havine. 5 or more residential lots or residential units, and olatted or develooed under one name with a common identitv. The subdivision servedmllStinclude rioarian common area within its olatted and recorded boundaries. The right to use such a facility must be conferred by on easement appurtenant to the reside1'ltiallot it is i1+tended to serve. No commercial activities of uny kind shall be ullo"'/ed '.vithin the confines of the facility (Moved to list in 72 -37) (Rationale: This clarifies the meaning of the current terminology related to "associated" lots) 23-62.1: Private Residential Boating Facilitv ~ A private non~profit boating facility, including a dock, pier and/or launching ramp on common area property having water frontage; the use of which is intended to serve more than one but less than five residential lots or residential units. Boat slios are allowed onlv for tlte useJlnd eniovment of oropertv owners within the subdivision. Slips mav not be sold or transferred to non..owners. The right to use such a facility must be confeITed by an easement appurtenant to the residential lots it is intended to serve and deed restrictions or restrictive covenants shall be conveved in the chain of title for anv riparian lots, statine. that no individual docks/piers will be allowed. No commercial activities of any 9/20/2007 Page I of3 A-358 156 kind shall be allowed within the confines of the facility. The number of boat slios may not exceed the number of residential lots Qr residential units served. (Rationale: This keeps smaller subdivision situations as permitted uses, but requires basic standards that mirror larger facilities, including the 1: 1 ratio of slips to lots served and the collective riparian right.) SPECIAL USE PERMITS 72-37: CommunitvBoating Facility ~ These facilities may be permitted in the PD, R- 20S, R-20, R-15, R~10, RA, and B-1 Districts provided: (I) It can be demonstrated that the project will have minimal impacts on water quality, primary nursery areas, shell fishing grounds, oublic use of public Waters, and conservation resources. (2) Based on the size and configuration of the subdivision served, additional off- street parking wHl may be provided required at a ratio of no more than one space per boat slip. (3) The number of boat slips may not exceed the number of residential lots or dwelling units within the associateS. ecvelopmcnt individualsubdivision served. (4) The right to the use of the facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. (5) Commercial activities, including but not limited to sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. (10/19/92). No commercial activities of any kind shall be allowed within the confines of the facility. (6) Boat slios are allowed Qnlv for the use and eniovment of orooertv owners within the subdivision. Slios may not be sold or transferred to non-owners. (7) No over/lead lightine shall be installed. (8) Deed restrictions or restrictive covenants shall be conveyed in the chain of title on the riparian subdivision lots stating thatnaindividual docks/piers will be allowed. (Rationale: Adding Items 6-8 incorporate into rule the routine additions that have been made as conditions on these facUities.) ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shaH adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment as presented herein is (or is not): 1. Consistent with the purposes and intent of land use policies adopted in the 2006 land use plan; 912012007 Page 2 of 3 A-358 157 2. Reasonable and in the public interest to clarify and incorporate standards for residential boating facilities that serve subdivisions in the county. 9/20/2007 Page 30f3 A-358 158 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.7 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Text Amendment (A-360, 8/07) - Request by Staff to Amend Section 51 of the Subdivision Ordinance Increasing Maximum Dollar Amounts for Guarantees of Improvements from $100,000 to $8 Million BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 6-1 recommending a modified version to the staff proposal. The modified proposal eliminates the 1 DO-acre threshold requirement for any major subdivision. Several members from the public supported the modified language. No one from the public spoke in opposition. An attorney for the River Road development and a representative of the Home Builders Association spoke in support of increasing the surety limit and to apply the change across the board rather only to large projects. The Planning Board voted 6-1 to recommend approval of a version that increased the limit for all major subdivisions. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ."-.-3% SectiQn_5-1_."-.'nendmentjo~ October 1 CC mtg.DOC ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 159 CASE: A-360, 5/07 SUBDIVISION TEXT AMENTMENT: Proposed Amendment to Section 51-1 PLANNING BOARD ACTION: At its September 6, 2007 meeting the Planning Board voted 6-1 recommending a modified version to the staff proposal. The modified proposal eliminates the 100 acre threshold requirement for any major subdivision. Several members from the public supported the modified language No one from the public spoke in opposition. Section 51: Guarantees of Improvements (modified version) 51.1 Final plats of a subdivision shall be approved by the Planning Department after the subdivider has complied with one (1) of the following requirements: (I) The subdivider has installed all required improvements in accordance with the provisions of this ordinance; or (2) Except in the case of Minor Subdivisions, the subdivider of an approved preliminary project in which the total cost of required improvements and administration does not exceed $8,000,000.00 (the "Surety Limit"), may provide a financial guarantee in lieu of constructing improvements. The surety limits stated in this Section shall be adjusted periodically in accordance with an appropriate established index as approved by the City or County Attorney. (a) Form of Financial Guarantee. The financial guarantee may take one of two forms: 0) A performance bond, letter of credit or cash security where 25% or more of the total value of the required improvements within the subdivision have been constructed or installed; or (ii) A letter of credit or cash security in an amount not less than 125% of the total cost to construct the required improvements, where the total cost of the required improvements does not exceed the Surety Limit (b) Conditions and Stipulations: Conditions and stipulations to plat approval under this 51 ~ 1 (2) are as follows: Oii)Cost Estimates: The subdivider shall furnish a bona fide estimate of the required improvements for verification by the County Engineer. Upon approval of such estimate, the subdivider shall deposit with the County the performance bond, WILMINGTON 11490.2 ""'@.',=.=--- "." ."-,,,,,.,',""^" ----,---- 160 letter of credit or cash security, as applicable, in the amount of the estimate approved by the County Engineer. (iv)Source of Financial Guarantee: In the event the subdivider obtains a performance bond or letter of credit as its form of financial guarantee, such financial guarantee shall be issued by a company authorized to do business in North Carolina. (v) Release of Financial Guarantee: Financial guarantees in the form of a performance bond, letter of credit, or cash security may be reduced by the County Engineer if a portion of the required improvements have been installed, inspected and approved. An addendum or amendment to the original perform.ance bond or irrevocable letter of credit shall be required. The following will be added to the definition section of the Subdivision Regulations: Performance Bond: A performance bond from a surety financial guarantee company authorized to do business in North Carolina, made issued or made payable to New Hanover County. The performance bond shall be in a form reasonably acceptable to the County. Letter of Credit and Cash Security: A letter of credit or other instrument readily convertible into cash at face value, deposited either with the County or in escrow with an escrow agent acceptable to the County. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Director of Engineer Services an agreement between the escrow agent and the subdivider guaranteeing the following: (1) that said escrow account shall be held in trust until released by the County as provided herein and may not be used or pledged by the subdivider in any other matter during the term of escrow; and (2) that in the case of failure on the part of the subdivider to complete the required improvements, the escrow agent shall, upon notification by the County and submission by the County to the escrow agent of an engineer's estimate of the amount needed to complete the required improvements, immediately either pay to the County the funds estimated to complete the required improvements, up to the full balance of the escrow account, or deliver to the County any other instruments fully endorsed or otherwise made payable in full to the County. Section 51 Background Section 51 of the County's Subdivision Ordinance places a monetary cap of $100,000 and 25% improvements complete on any final phase of a preliminarily approved WILMINGTON 1]490,2 161 residential or commercial subdivision where a developerlsubdividerlbuilder wants to post a Standby Letter of Credit, Performance Bond, or cash in lieu of constructing improvements. This amendment to Section 51 was adopted by the Board of County Commissioners in March, 2003. Until recently, the process of requiring a $100,000 monetary cap with 25% completed improvements worked well with the development community. However, with recent rezoning approvals of two (2) large Planned Unit Developments (PO), Planning staff anticipated that projects of that size would commend greater surety estimates than $100,000. This increase would not only take into account the size of the project, but associated costs of construction, off-site road improvements, and extending existing utilities. Staff Comments Planning staff initially proposed language that placed a surety monetary cap on approved preliminary subdivisions greater than 100 acres to $8,000,000 with 25% improvements complete. Approved preliminary subdivisions less than 100 acres were proposed to be capped at $500,000. Based on input by the Planning Board and interested parties at a workshop held on August 23, 2007, and the Planning Board public hearing, the Planning staff re~crafted the language on financial guarantees as presented above. WlLMINGTON 11490.2 162 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.8 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment (A-364, 9/07) - Per Legislation - Allow Amateur Radio Antenna up to 90 ft. with Minimum Practicable Regulation Necessary to Accomplish the Purpose of the County BRIEF SUMMARY: At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of the staff recommendation but they asked staff to look into safety and aesthetic issues for these antenna with the intent to revisit the issue at a later time to see if adjustments are needed. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ A-364 TEXT AM END MEN T -Amaleur Radio Antenna. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 163 CASE: A-364 Applicant: Staff REQUEST: Text Amendment - Amateur Radio Communication Antenna PLANNING BOARD ACTION: At its September 6, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the staff recommendation but they asked staff to look into safety and aesthetic issues for these antenna with the intent to revisit the issue at a later time to see if adjustments are needed. BACKGROUND: The Legislature recently adopted a provision for reasonable accommodation of amateur radio antennas. The bill becomes law as of October I, 2007. It says we cannot restrict amateur radio ("ham") antennas or support structures up to heights of 90 feet "unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the county." Our ordinance now allows these structures as permitted in all districts up to 70 feet. In light of the legislation, Staff raised the issue at the August 23, 2007 Planning Board Workshop to see if there are immediate concerns or specific compelling public objectives to limit these antennas as the legislation becomes effective on October 1,2007. The Planning Board expressed some concern for potential aesthetics and for having structures that may not meet the local wind code, but since time is of the essence, tbe suggestion for the time being is to create a separate provision in the table of permitted uses for amateur radio antenna as a permitted use up to 90 feet. Options: 1. Simply change Table of Uses to 90 ft. 2. Keep limitations and define the health, safety or aesthetic objective for doing so. STAFF RECOMMENDATION: ADD TO Article V - TABLE OF PERMITTED USES (Under Transportation, Communication, Utilities Heading) Amateur RadiQAntennas up to 90 feet p (permitted) in all districts ACTION REQUIRED: Adopt a statement in accordance with NCGS 153A~341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in tbe public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment as presented herein is (oris not): 1. Consistent with the purposes and intent of land use policies adopted in the 2006 land use plan; 2. Reasonable and in the Dllblic interest to be consistent with newly adopted state legislation. 9/20/2007 Page 1 of I A-364 164 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 5.9 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Street Renaming (SN-103, 09/07) - Request by Robert Harris Walker to Rename Turner Nursery Road (SR 1406) to Deep Creek Run Located off Mason Landing Road, Middle Sound Community BRIEF SUMMARY: According to the petitioner, the reason for requesting a change in the road name from Turner Nursery to Deep Creek Run is due to the adjoining landowners desiring a new street name. Also, with the construction of Mason Landing Yacht Club (formally Johnson Marine), the petitioner believes that the opportunity exists to modify the present road name to one more fitting with the Middle Sound area. A majority of the residents who live along the road are in favor of changing the road name. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the request to change the road name. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ S N -, 03 with changes. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 as indicated on revised map. 165 CASE: SN- 103, 09/07 PETITIONER: Robert Walker Harris REQUEST: Rename Turner Nursery Road to Deep Creek Run LOCATION: Near 7300 Block of Mason Landing Road Staff Summary On behalf of the residents who live along the road, Robert Walker Harris has petitioned the County to rename Turner Nursery Road (SR 1406) to Deep Creek Run. The road is located near the 7300 block of Mason Landing Road, Middle Sound Community. The improved road is approximately 960' in length from its intersection with Mason Landing Road and then runs parallel to the Intracoastal Waterway for a distance of330' (see attached map). A majority of the residents who live along the road are in favor of changing the road name. The proposed road name has been approved by the County's E- 9 I 1 office. Staff Comments According to the petitioner, the reason for requesting a change in the road name from Turner Nursery to Deep Creek Run is due to the adjoining landowners desiring a new street name. Also, with the construction of Mason Landing Yacht Club (formally Johnson Marine), the petitioner believes that the opportunity exists to modify the present road name to one more fitting with the Middle Sound area. As stated, E~911 has confirmed that the new proposed name is an unduplicated road name. If the name is adopted by the Board, the County will need to adjust approximately seven (7) residential landowner mailing addresses along the road based on established County guidelines. Staff Recommendation Staff recommends that Turner Nursery Road be renamed Deep Creek Run and that mailing addresses be adjusted to reflect the name. The residents living along the road will be responsible for contracting with the County to erect a new street sign. An effective date of change for the residents would be February 4,2008. ,-,nm, 166 ... (II c; .... ;:. E c; o ::J'" ~lk:j! 1":'::.-: m$~ .5 ... \I) E 0._ III Q. I: c: Ql III (IICllJ: lk:ot:: -011 ,,"~:;o e:Q)~lk: g:"t:Ilk:l.: M: ~~ OOCllO ~g.~~ Z...:::lCll Vlo.Zo. (revised) 167 C7I c:: .... E IV ii Q: o Q) I:: ~ 0, Q} ::! Z N LL Q: ~ ~ (J ~ Ql Q 168 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Public Hearing to Consider Approval of a Proposed Economic Development Incentive Grant to GE - Hitachi Nuclear BRIEF SUMMARY: GE - Hitachi Nuclear is considering expansion of its business located in New Hanover County. Wilmington Industrial Development/Committee of 100, contractual economic development organization for New Hanover County, has worked with New Hanover County to offer a grant not to exceed $10 million, payable over a period of twelve (12) years. Details concerning payment and milestone scheduled will be prepared for a contract to be submitted at a later date. The required legal notice for the public hearing was duly advertised on September 20,2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. Consider and take action on a resolution approving the economic incentive grant. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . GE-H~achi n.Jdea~ Resolution.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and consider resolution. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and adopted the resolution by a vote of 5-0. 169 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 158-7.1 authorizes counties to make appropriations for the purpose of aiding and encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County; and WHEREAS, GE - Hitachi Nuclear is considering expansion of its business located in New Hanover County; and WHEREAS, such an expansion would include a real and personal property investment of a minimum of nine hundred million dollars ($900,000,000) and employment of 900 additional employees; and WHEREAS, notice of a public hearing on an economic development grant was advertised on September 20, 2007 in accordance with G. S. 15 8~ 7.1; and WHEREAS, the New Hanover County Board of Commissioners desires to encourage such economic growth and development. NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County will contribute to an economic development grant for GE - Hitachi Nuclear not to exceed ten million dollars ($10,000,000), payable over a period of twelve (12) years. This 1st day of October 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 170 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Public Hearing to Consider Approval of a Proposed Economic Development Incentive Grant to INVISTA BRIEF SUMMARY: INVISTA is considering expansion of its fiber and polymer business located in New Hanover County. Wilmington Industrial Development/Committee of 100, contractual economic development organization for New Hanover County, has worked with New Hanover County to offer a grant not to exceed $3 million, payable over a period of six (6) years. Details concerning payment and milestone scheduled will be prepared for a contract to be submitted at a later date. The required legal notice for the public hearing was duly advertised on September 20,2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. Consider and take action on a resolution approving the economic incentive grant. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . I~NIST.A. Resolution.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and consider resolution. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and adopted the resolution by a vote of 5-0. 171 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G. S. 158-7.1 authorizes counties to make appropriations for the purpose of aiding and encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County; and WHEREAS, INVIST A is considering expansion of its fiber and polymer business located in New Hanover County; and WHEREAS, such an expansion would include a real and personal property investment of a minimum of two hundred million dollars ($200,000,000) and employment of 50 additional employees; and WHEREAS, notice of a public hearing on an economic development grant was advertised on September 20, 2007 in accordance with G.S. 158-7.1; and WHEREAS, the New Hanover County Board of Commissioners desires to encourage such economic growth and development. NOW, THEREFORE, BE IT RESOLVED THAT New Hanover County will contribute to an economic development grant for INVIST A not to exceed three million dollars ($3,000,000), payable over a period of six (6) years. This 151 day of October 200T William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 172 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 8 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer Contact: Mark Boyer SUBJECT: Introduction of Wayne Drop, Mascot of the "Water Use it Wisely" Water Conservation Program BRIEF SUMMARY: New Hanover County has joined with the City of Wilmington in the Water Use it Wisely campaign. This national public education campaign focuses on water conservation measures and how water use is directly tied to sewer flows. Jacqueline Major coordinates the program for the City. She would like to introduce the campaign's mascot to the Board and public. New Hanover County and the City, as per the Special Order of Consent with the State, wish to help residents increase their knowledge of water conservation. RECOMMENDED MOTION AND REQUESTED ACTIONS: No action required. Hear brief presentation on conservation efforts. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 173 This page intentionally left blank. 174 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 9 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Consideration of a Resolution Endorsing the 10-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region BRIEF SUMMARY: The Steering Committee overseeing the development of the 10-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region has completed the planning process and requests your endorsement of the Plan. In addition, the Steering Committee requests that one member of the New Hanover County Board of Commissioners be appointed to the Executive Board that will lead the implementation process, financial support in the amount of $100,000 over a two and one-half year period to assist with the Administrative Budget for implementation; and appointment of a staff person to work with the Community Advisory Committee. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ Resolution Supporti'ig 10 Year Plan - ~~HC - Revised.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider the resolution. COMMISSIONERS' ACTIONS/COMMENTS: A motion was approved 3-2, Chairman Caster and Vice-Chairman Greer voting in opposition, to forward the plan to the Council of Governments to provide input on a possible regional effort to include New Hanover, Brunswick and Pender Counties and the City of Wilmington for consideration in the next budget year. 175 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Resolution Endorsing the 10. Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region WHEREAS, the U.S. Conference of Mayors, the National Association of Counties, and the National League of Cites have passed a resolution supporting 10-Year Plans to End Chronic Homelessness.; and WHEREAS, chronically homeless individuals and families, those with most persistent forms of homelessness, are affected not only by poverty but also by chronic conditions such as mental illness and substance abuse; and WHEREAS, the abolition of chronic and other forms of homelessness requires collaboration and coordination of resources at all levels of government, together with community institutions, businesses, nonprofits and faith-based organizations, to determine prevention and intervention strategies; and WHEREAS, city and county governments across the state and nation have begun to develop 10- Year Plans to address, not just chronic homelessness, but all major homeless issues in their community; and WHEREAS, the discharge of patients back to the community, as part of the State Mental Health Reform, has created an increase of homeless persons throughout the area and has put a greater burden on nonprofits and local government agencies such as Social Services, Health and Law Enforcement; and WHEREAS, local government, nonprofit and faith.based organizations are on the front lines of response to homelessness; and WHEREAS, the Steering Committee overseeing the development of the IO-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region has completed the planning process. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners approves the 10-Year Plan to End Chronic Homelessness and Reduce Chronic Homelessness in the Cape Fear Region and will work in partnership with regional stakeholders to meet the challenge of implementing this results-oriented 10. Y ear Plan; and The New Hanover County Board of Commissioners appoints a member of the Board of Commissioners to serve on an Executive Board to lead the implementation process, with the member having the delegated authority to represent the Board of Commissioners at Executive Board meetings, and be a conduit between the Executive Board and the Board of Commissioners, to promote clear and open communication; and The New Hanover County Board of Commissioners directs the County Manager to include in the recommended budgets, $100,000 over a two and one-half year period to assist with the Administrative Budget for implementation, covering the period January I, 2008 through June 30, 2010, and appoints a staff person to work with the Community Advi.sory Committee and staff from other jurisdictions in the Cape Fear Region. This I" day of October 2007. . Seal- William A. Caster, Chairman Attest: Sheila L. 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Ii: ca 0 "i:: .J:: 0 III CD .... 0 () 0.. 0.. 0.. :E 0 0.. l- f'- 0 N N ro "===-~~,.. 177 This page intentionally left blank. 178 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 10 Estimated Time: Page Number: Department: County Manager Presenter: Chris Gibson, Gahagan & Bryant Contact: Dave Weaver SUBJECT: Mason Inlet Maintenance Event BRIEF SUMMARY: In April 2002, New Hanover County completed the relocation of Mason Inlet to a location approximately 3,000 feet north of the Shell Island Resort located at Wrightsville Beach. The project was permitted by the US Army Corps of Engineers for a period of thirty (30) years and as a condition of that permit, monitoring, management, and maintenance of Mason Inlet, Mason's Creek, and the Atlantic Intercoastal Waterway are required. April 2007 marks the end of the project's fifth year. As required by the permit, the County has managed the project area over that time period and many maintenance related activities have occurred. As conditions develop, it is necessary to perform maintenance dredging to keep the inlet in the identified corridor. These maintenance events have been structured to perform the minimum amount of work necessary to maintain the stability of the inlet and as a result, the project has been managed for much less than what was originally budgeted. The shoaling that has occurred at the southern end of Figure Eight Island and in Mason's Creek has reached a critical point that now requires that dredging take place. Dredging and sediment removal will be accomplished by both land based equipment as well as conventional dredging equipment to minimize costs, similar to the previous maintenance event. The window in which this work can be performed is from November 15 to March 30. Due to the time sensitive nature of this work, it will be necessary to seek bids for this work as soon as possible. The County's Engineer and Gahagan & Bryant have prepared the necessary documents for bidding to occur and have submitted the needed application for a permit from the NC Department of Coastal Management. This item was delayed at the September 17, 2007 meeting to allow the Mason Inlet Preservation Group (MIPG) to meet with the County. A meeting was conducted on Wednesday, September 19, 2007 with the MIPG group that included Mr. Frank Pinkston and others. It appeared that MIPG and staff reached consensus to move forward with this project, with discussions to continue among all parties regarding both the project scope of work and the financing and management of this and future maintenance activities. Mr. Pinkston, under separate cover, is preparing a report for you on the meeting. Every effort is being made to keep all parties informed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize staff to continue development of the project to advertise and receive bids for the required work. Direct staff to work closely with MIPG as this work progresses. Staff will present a contract for approval by the Board once successful low bidder has been identified. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 179 REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 180 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 11 Estimated Time: Page Number: Department: Health Presenter: Dr. Jean P. McNeil, Animal Control Services Manager Contact: Dr. Jean P. McNeil SUBJECT: Second Reading Revisions to New Hanover County Code, Section Five: Animals & Fowl BRIEF SUMMARY: Suggested change to the New Hanover County Code regarding control of animals as enforced by Animal Control Services (ACS). Issues have been reviewed and supported by County Legal, ACS staff, and the ACS Advisory Committee. Clarification on the procedure for dangerous or potentially dangerous dog appeals required rewording for better understanding of the process for hearing notification. CURRENT: Sec. 5-63(b). Procedure. The owner may appeal the determination of a dangerous dog or potentially dangerous dog. Notice of appeal is by filing written objections with the appellate board appointed by the board of public health within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the county board of health. ....... The appellate board shall, within ten business days of the filing of the appeal, schedule a hearing. .......Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of such appellate board shall be taken to superior court by filing notice of appeal and a petition for review within ten business days from the final decision of the appellate board. PROPOSED: Sec. 5-63(b). Procedure. The owner may appeal the determination of a dangerous dog or potentially dangerous dog. Notice of appeal is by filing written objections with the appellate board appointed by the board of public health within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the county board of health. ....... The appellate board shall schedule a hearing of said appeal and the dog owner and complainant will be notified of the hearing date ten business days prior to said hearing. .......Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of such appellate board shall be taken to superior court by filing notice of appeal and a petition for review within ten business days from the final decision of the appellate board. The revision was approved by the Board of Health on August 1,2007, and is hereby presented to the Board of County Commissioners for adoption. A vote to approve the ordinance revision was not unanimous on September 17, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept and approve the revision to the New Hanover County Code, Animals & Fowl, Section 5-63(b) Procedure. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 181 ATTACHMENTS: N/A REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 182 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Regular Item #: 12 Estimated Time: Page Number: Department: Finance Presenters: Avril Pinder, Finance Director and Wanda Copley, County Attorney Contacts: Avril Pinder, Finance Director and Wanda Copley, County Attorney SUBJECT: Resolution for the Authorization and Sale of New Hanover County's $50,000,000 General Obligation School Bonds, Series 2007 BRIEF SUMMARY: The Board of Commissioners adopted a School Bond Order on March 14,2005 in the amount of $123,000,000 to issue general obligation bonds for the schools. In February 2006, $30,000,000 was sold. This Resolution would authorize staff to sell $50,000,000 for two new schools and continue renovations on 15 existing schools. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. RESOLUTIONOCTOBER12007.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Adopted the resolution 5-0. 183 A Resolution for the Authorization and Sale of New Hanover County's $50,000,000 General Obligation Bonds, Series 2007. WHEREAS, the bond order hereinafter described has taken effect, and it is desirable to make provision for the issuance of bonds authorized by said bond order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: I. Pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on March 14, 2005, the Issuer shall issue its bonds in the aggregate principal amount of $50,000,000. The bonds shall be designated "General Obligation School Bonds, Series 2007" (hereinafter referred to as the "Bonds"). The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from October 30, 2007. 2. The Bonds shall be dated October 30, 2007 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable on August 1,2008 and semi~annually thereafter on February I and August 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on February I, as follows: Principal Principal Year Amount Year Amount 2009 $ 2,500,000 2018 $ 2,500,000 2010 2,500,000 2019 2,500,000 2011 2,500,000 2020 2,500,000 2012 2,500,000 2021 3,500,000 2013 2,500,000 2022 3,500,000 2014 2,500,000 2023 3,500,000 2015 2,500,000 2024 3,500,000 2016 2,500,000 2025 3,500,000 2017 2,500,000 2026 2,500,000 Interest will be payable to the registered owners of the Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding an interest payment date. 3. The Bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTe"), and immobilized in its custody. The book entry system will evidence ownership of the Bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable at the times stated in the 184 preceding paragraph, and principal of the Bonds will be paid annually on February l, as set forth in the foregoing maturity schedule, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to identify another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date, or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond shall bear interest from the date to which interest has been paid. The principal of and the interest on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. 4. The Bonds shall bear the manual or facsimile signatures of the Chairman or the Vice Chairman and the Clerk to the Board of Commissioners of the Issuer and the official seal or a facsimile of the official seal of the Issuer shall be impressed or imprinted, as the case may be, on the Bonds. The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary or Acting Secretary of said Commission or of a representative designated by said Secretary or Acting Secretary and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed as provided hereinafter. In case any officer of the Issuer or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers. No Bond shan be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. 5. The Bonds and the endorsements thereon shall be in substantially the following form: 185 NO.R~ $ United States of America State of North Carolina NEW HANOVER COUNTY GENERAL OBLIGATION SCHOOL BOND, SERIES 2007 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP February I, ~ October 30, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS NEW HANOVER COUNTY (hereinafter referred to as "County"), a political subdivision of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on the date specified above, upon surrender hereof, at the office of the Finance Officer of the County (the "Bond Registrar"), the principal. sum shown above and to pay to the registered owner hereof, at his address as it appears on the bond registration books of the County, interest on such principal. sum from the date of this bond [or from the February I. or August 1 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is on February I. or August I to which interest shall have been paid, in which case from such date], such interest to the maturity hereof being payable on August 1,2008 and semi~annually thereafter on February 1 and August 1 of each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the fifteenth day of the calendar month (whether or not a business day) next preceding such interest payment date. Both the principal of and the interest on this bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended, a bond order adopted by the Board of Commissioners of the County on March 14, 2005 (the "Bond Order") and a resolution adopted by said Board of Commissioners on October I, 2007 (the "Resolution") to provide funds, together with other funds of the County, to pay capital costs of providing additional school facilities and improvements to existing school facilities for the County. The issuance of this bond and the contracting of the indebtedness evidenced thereby have been approved by a majority of the qualified voters of the County voting at a special election held in the County on May 10,2005. 186 The bonds will be issued in fully registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal amounts of $5,000 or whole multiples thereof, with transfers of beneficial ownership affected on th.e records of DTC and its participants pursuant to rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bonds maturing on and after February I, 2018 shall be subject to redemption prior to their stated maturities at the option of the County on or after February 1, 2017,. in whole or in part at any time, at a redemption price of 100% of such principal amounts plus interest accrued to the date fixed for redemption. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected in such manner as the County shall determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number of bonds which is obtained by dividing the principal amount of such bond by $5,000. For so long as a book~entry system with DTC is used for determining beneficial ownership of the bonds, if less than all of the bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. On the date fixed for redemption, notice having been given as aforesaid, the bonds or portions thereof so called for redemption shall be due and payable at the redemption price provided for the redemption of such bonds or potions thereof on such date. If a portion of this bond shall be called for redemption, a new bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof. The Bond Registrar shall keep at her office the books of said County for the registration and registration of transfer of bonds. The transfer of this bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unpaid principal amount of this bond, of the same maturity and bearing interest at the same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity, of any denomination or denominations authorized by the Resolution and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption in whole or in part. 187 It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes ofthe State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the Resolution mentioned herein until this bond shall have been endorsed by the authorized representative of the Local Government Commission of North Carolina and authenticated by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond [to be manually signed by] [to bear the facsimile signatures of] the [Chairman] [Vice Chairman] and the Clerk to the Board of Commissioners of the County and [a facsimile of] its official seal to be [imprinted] [impressed] hereon, and this bond to be dated October 30,2007. This the . day of October, 2007 [Vice] Chairman, Board of Commissioners (SEAL) Clerk, Board of Commissioners 188 MEETING OF THE WATER AND SEWER DISTRICT Human Resources Training Center, New Hanover County Government Center 230 Government Center Drive, Suite 135, Room 401 Wilmington, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 9:50 p.m. l. Non-Agenda Items (limit three minutes) 9:55 p.m. 2. Approval of Minutes 191 10:00 p.m. 3. Adoption of Ordinance for Budget Amendment 08-041 193 10:05 p.m. 4. Consideration of Award of Contract for the New Hanover County 2003 Water 195 System Enhancement Project, Gordon Road Section and Adoption of Ordinance for Budget Amendment 2008-33 10:15p.m. 5. Consideration of Award of Contract for the New Hanover County Water 201 Treatment Plant and Maintenance Facility and Adoption of Ordinance for Budget Amendment 2008-32 189 This page intentionally left blank. 190 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman William A. Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water and Sewer District Regular meeting held on September 17, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 191 This page intentionally left blank. 192 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Adoption of Ordinance for Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2008. 08-041 Water and Sewer Administration RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinance for the budget amendment listed in the summary above. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008. ATTACHMENTS: ~ ........ . .. 08-041 9-19-07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 193 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-041 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-041 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Water and Sewer Department: Water and Sewer Administration and Finance Exnenditure: Decrease Increase Water and Sewer Administration: Capital Outlay - Land $750,000 Total $750,000 Revenue: Decrease Increase Water and Sewer Finance: Water and Sewer Appropriated Fund Balance $750,000 Total $750,000 Section 2: Explanation At the May 21, 2007 meeting, the Board approved $750,000 for the purchase of a lift station site in the Bradley Creek area. The sale was completed in July 2007. The budget needs to be rolled over to FY 07-08 to match when the purchase was completed. 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 08-041 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 194 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis Ihnat Contact: Dennis Ihnat SUBJECT: Award of Contract for the New Hanover County 2003 Water System Enhancement Project, Gordon Road Section BRIEF SUMMARY: The Gordon Road and Greenview Ranches Water Lines are components of the 2003 Water System Enhancement Project established by Capital Project Ordinance on August 2,2004. On May 21,2007, New Hanover County Commissioners provided funding to survey, design, permit, obtain easements, and conduct other preliminary activities in support of this project, which will improve service to the northwestern portion of the County. The project will construct approximately 470 linear feet of 12-inch water line, approximately 9,255 linear feet of 16-inch water line, and approximately 60 linear feet of 8- inch water line along Gordon Road, and approximately 470 linear feet of 12-inch water line along Greenview Road. On August 30, 2007, bids were received for these new water lines. State Utility Contractor, Inc. submitted the low bid in the amount of $1,210,049. The contract is available for review in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award of the contract to State Utility Contractor, Inc. in the amount of $1,210,049 and that the Board authorize the Chairman of the Water and Sewer District to execute the contract. Staff also requests approval of the associated budget amendment in the amount of $1,331,054 (including 10% contingency). FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: Water and Sewer District Fund - 2003 Water System Enhancement Project ATTACHMENTS: ~ ~ ~ ~ : ....... : ....... : ....... : ...!.:...:...... : ...!.:...:....:. :...!.:...:....:. ........ . .. bid opening tabulation form.pdf gordon road waterline.pdf Gr-een,iew Ranches 12-;r)ch Waterline.pdf contract J:l08-0165.doc ~ ........ . .. 2008-339-18-07.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: 195 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 196 lI.I Z 00 I=!w ~~ .......~ ~....... ""","--" Wc(O )( )( )( )( a:lU1M4 ................... ...........""'-'" "'-"".......... "'-"""-'" ~1M4> U'I U'I UI UI Q) 0 Q) 0 Q) 0 Q) 0 u..O >-Z >-Z >-Z >-Z '-10:: ~D- W U <CO OW .............. .......~ ........ -... ..,.-..,..--.. 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"M a:: ...... ...... uw 00 c30 <Illf"l I- ~1"""'1 N 0............ 0"" !200 == " u Uo...... o:::N Z ,- 0 1:00 0 ~N ..co 2' U1<1lN cU ..cu E 5: ~6u :s:Z u Uz ro~ c 0"10 ... co Ulll'l 0 == Z c......o '-"0 , <0 N"O .- " .- Q) l... <l) - ... :5. 0 w'" >......0 0"10 ~ .~ w * C 0<0..0 CT"""l!b- '- a:l .- <l) "" e ....Ja..U1 "0, WE =MC co~_ ........-IC . o1:l <l) \D 0 W 0 :::1'- 2-<:to ~oo ON:::E: J:......IJlS: U'l-<:t:::E: 1-<:I"t9 197 lE ~ 0 0 I.{) y- r/) m ::J 0- ll,) .c u .5 "... CD C 1- - ... CD .. ~ '"C ca 0 Q: c 0 '"C ... 0 C) +l Q.c: 41 0 Q fh r-. . Co ~.c2 w-S:;;; 0...... :::J:lI!(ji ZaJo - . "....! '" ;Z Iv ";.. ~ 198 ......... (]J ~ 1.0 l.() "'It 1.0 "'It l.() "'It "'It ..- ~ ((l ::I C'" ()) .c Q,) u c: s:: .- .- ~ - '- s s: .c CJ s:: .- I N ~ r.n Q,) .c CJ s:: CU a::: 3: (1) -- > s:: (1) Q,) '- C) ac Gl 0 ell>".. ~ c: 0 0I.r:: 0 eOl'! w...,;;, (J ,.... :r;tI)./ii ZCOo .,," . f.' lfJ z \7... iV ~",...' ~ 199 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-33 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-33 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Water and Sewer Department: Water and Sewer Administration and Finance Exnenditure: Decrease Increase Water and Sewer Administration: Transfer to Capital Proiect Funds $1,331,054 Total $1,331,054 Revenue: Decrease Increase Water and Sewer Finance: Water and Sewer Appropriated Fund Balance $1,331,054 Total $1,331,054 Fund: Water and Sewer Enhancements Department: Exnenditure: Decrease Increase Water System Enhancements: Capital Proiect Expense $1,331,054 Total $1,331,054 Revenue: Decrease Increase Water and Sewer Capital Proiect: Transfers in Enterprise Funds $1,331,054 Total $1,331,054 Section 2: Explanation To appropriate Water and Sewer fund balance to transfer to Water and Sewer Capital Project to fund Gordon Road Water Line extension. 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 2008-33 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 200 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Water & Sewer Item #: 5 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis Ihnat Contact: Dennis Ihnat SUBJECT: Award of Contract for the New Hanover County Water Treatment Plant and Maintenance Facility BRIEF SUMMARY: The District entered into an agreement with W.K. Dickson & Co. on December 21, 1999 to prepare construction design and documents for the development of a well field and water treatment system for the northeastern portion of New Hanover County. The agreement with W.K. Dickson included permitting, design, bid phase, and construction administration (including start-up of the entire well field and water treatment system project). Arcadis is W.K. Dickson's sub-consultant for the water treatment plant and maintenance facility portion. The Water Treatment Plant and Maintenance Facility portion of the overall project consists of a 6 million gallon per day membrane filtration system and a 20,000 square foot maintenance building, including all site work on the District-owned tract on Old Oak Road. The other elements of the project that are not included in this contract are the wells, wellheads, raw water lines, concentrate discharge lines and potable water lines. On August 21,2007 bids were received for the Water Treatment Plant and Maintenance Facility. M.B. Kahn Construction Co. (Columbia, SC) submitted the low bid in the amount of $23,608,269 which includes applicable bid alternates and cost reductions from the assigned equipment bid. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award to M.B. Kahn Construction Co. in the amount of $23,608,269 and that the Board authorize the Chairman of the Water and Sewer District to execute the contract. Staff also requests approval of the associated budget amendment in the amount of $25,969,096 (including 10% contingency). The budget amendment also reduces appropriated fund balance for the well drilling elements and includes them in the upcoming COPs financing. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund - Wellfield and Water Treatment Fund ATTACHMENTS: ~ ~ ~ ~ : ....... : ....... ........ :...!.:....:..... :...!.:...:....:. ... . 1 ~~ HCVrr.P.~Recommendationd.h'~'.~rdjinaUB19"H 7.pdf 2W8-:,19"-2G-~7.doc 2 WTP Overv!~~::.:df :, WTP SitePlan.pdf ~ ~ ~ : ....... ~ :...!.:....:..... :...!.:...:....:. :...!.:...:....:. :...!.:...:....:. . . . . . . . . 4- WTP MaintBidg.pdf ~ WTP PlantBidg.pdf f 2W71W1 WTP MembRlneFi~e["$.pdf 7 WTP FacWties.pdf REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: 201 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved and adopted resolution 5-0. 202 ~ ARCADIS ARCADIS G&M 01 North Carolina, Infrastructure, environment, facilities Ine. 601 Corporate Center Drive Suite 300 Raleigh Gary McSmith, P.E. North Carolina 27607 New Hanover County Engineering Dept. Tel 010.854.1262 230 Government Center Drive, Suite 160 Fax llt!Ul54. 544$ Wilmington, NC 28403 _,arcadls.us.oom Subject; WATER RESOURCES Recommendation of Award for New Hanover Water Treatment Plant Dear Mr. McSmith: Dat<I, On August 21, 2007, sealed bids were received for the construction of the New September 19,2007 Hanover Water Treatment Plant and Maintenance Facility. All five pre-qualified contractors submitted bids. All bids are believed to be both responsive and Conlact: competitive as set forth in the bid tabulation. A certified tabulation of these bidS is Randy E. Hildebran, PE attached. PIlol1.~ 919.854.1282 Base Bid for Construction EmolI: The low bidder was submitted by M.B. Kahn Construction Inc. of Columbia, SC with rhlkJebran@arcadis-tls.oom a Base Bid amount of $23,821,991.00. The qualifications of M. B. Kahn have been evaluated by both ARCADIS and the County engineering staff; and we are 0""01: persuaded thaI they are qualified to perform the work. NC702018.0030 Alternates The Bid Form provided for three add-alternate bid prices to enable the County to select specific equipment brands that will match the County's existing equipment at other County facilities. These add-alternates prices are shown in the attached certified Bid Tabulation and have been reviewed with the County engineering staff. Based on satisfactory service at other County facilities, both ARCAD1S and the County engineering staff are of the opinion that add-altemates number 1 and 3, are in the County's best interest. Change Order During the bid process, several questions arose regarding scope, equipment design, and system reliability and redundancy. To avoid delays in the bidding process, bidders were instrocled to include a specified allowance in their bids so that a Imagine the result ;'_\1Q2Ql~_oI""'O<<t.r>howlp_r.""I2.~ 203 Mr. McSmlth ARCADIS September 19,2007 satisfactory sol'ution could be implemented at a later date. These questions that arose during biddin.g have been thoroughly evaluated by ARCADIS and satisfactory solutions have been found and reviewed with the County engineering staff. To incorporate these solutions into the Contract, a Change Order in the deductive amount of ~$333,72.2 should be executed simultaneous with the construction contract A draft copy of Change Order NO.1 is attached. Summary and Recommendation In conclusion, ARCADIS recommends that New Hanover County opt for the Add- Alternate Bid prices number 1 and 3, and award a contract to M.B. Kahn Construction Co. in the amount of $23,.941,991.00, contingent upon the execution of Change Order No. 1 for the deductive amount of $333,72.2. The net contract amount fOlloWing the Inclusion of Change Order no. 1 will be $23,608,269.00. Sincerely, ARCADIS G&M of North Carolina, Inc. ~'d:!t1~ Project Dl ctOf COpl"": David Briley, PE, ARCADIS Paul Goss, P.E., WK Dickson Page; ,,--,,~--- 2/2 '"'--'"'---"'._"-~~,._...._.._."..- 204 ... <> <> '" Ci a; CJ __ ..- cnz ~ c 0 CQ c ~ t- <:;) 0 '" -0 iF' d . 0 -- ~O ~ :#. [iJ q g g q c. ..J.c M It) >- ~ <ti 0, liii: ~ <.(1) M. ..- g tq ~~ ~ ~ ~ W C) ~ ~ , [ ;...I!O g <:;> 8: i50z d q 8 d .-....... MOO " 0 0 3gQ) ~ :#. ~ ~ 8: 8 q 5 Q),:;;2 t- 10 >- v 8- q a ... ...cc: ..- ll'> <:;) <0 :loo ..f .- ~ <i 00:!' N lit ('II ! ~ lit I [ i J:: i ..' I 0 0 E q 8 <:;) 0 (I) ll'> :3' q 0 8: ell)*, <Il q 8: 8: 0 q o Si' ll) ~ ~ q q d l:::i 1:: C<;! '<t 8: 10 ~ 10 1 is ;;; zt ~ 3: ~ ~ .,. II:: 'r"..- .. o <0 c... W " l::;O "..: <::> 8 r-: ;; -uZ ~ 0 . 0 't"'" m i ::I.~;g :#. III q 8: 8: q 0_ 8: o,:;;~~ 10 >- 8: 'Ll C <::> ~ ~0f!1 "'II(t 'f""" T-, ~ -0 o Co -.:r' ..-"'" -t' o ('II 10'} ~ ('II (.) ~ ~ \\\\1 '1I1i111 -l1 (.) 0 0 <::> \\\ /11 0;: C ell <::> 8: 0 8 0 0 .,.; ,,'........ 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'..!:!... 0 " 9 Ol> III. 0:: :!i! ...I III <C I- <( ><C a. ..::::.! <C := S ~ IS ~ 0 ..c 0:: a CO zZ<CrD , 'I ....oct(1l.loctZ .... oct 8 205 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-32 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-32 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Wellfield and Water Treatment Plant Department: Exnenditure: Decrease Increase Water Treatment Plant: $23,608,269 Water Treatment Plant Contingency 2,360,827 Total $25,969,096 Revenue: Decrease Increase COPs: $27,096,156 Transfer in from Fund 800 $1,127,060 Total $1,127,060 $27,096,156 Fund: Water and Sewer Department: Water & Sewer Administration jFinance Exnenditure: Decrease Increase Water and Sewer Administration: Transfer to Capital Proiect $1,127,.060 Total $1,127,060 Revenue: Decrease Increase Water and Sewer Finance: Appropriated Fund Balance $1,127,060 Total $1,127,060 Section 2: Explanation To budget COPs financing for construction of the Water Treatment Plant and to decrease Fund Balance appropriation for the Well Drilling Projects-funding for this is included in the COPs financing. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. 206 BfA 2008-32, October 1. 2007, Pa!!:e 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-32 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, the declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. The County desires to spend its own funds for the purpose of paying certain costs of this project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. Adopted, this day of ,2007. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 207 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County agreed to build a nano-fiItration water treatment plant financed with COPs not to exceed $42 million; and WHEREAS, the County has received bids for three of the four major components of the plant: Wells, Treatment Plant, and Water/Concentrate Lines in the amount of $30,848,842; and WHEREAS, the last component, Wen Head Construction plus Construction Administration, Capitalized Interest and Financing Cost are estimated to cost $8,066,294 for a total project cost of$38,915,136; and WHEREAS, the County has been advised that a 10% contingency is appropriate for a project this size and complexity. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners agrees that a 10% contingency is necessary and reasonable and understands that allowing a 10% contingency would increase financing delivery cost by a marginal amount The financing documents allow for the prepayment of principal at any time without premium. If funds remain in the acquisition and construction fund after construction, the County will apply such remaining funds to the payment of debt service. ADOPTED the 1 Sl day of October 2007, {SEAL} NEW HANOVER COUNTY William A. Kopp, Jr., District Chairman ATTEST: I I Sheila 1. Schult, Clerk to the District Board I i , I 1 208 NEW HANOVER COUNTY WELLFIELD AND WATER TREATMENT FACILITY COP FINANCING Observation Wells (9/17/07) 1,024,600 Water Treatment Plant (10/01/07) 23,608,269 Water and Concentrate Lines (10/15/07) 6,215,955 Subtotal 30,848,824 Contingency 3,.084,882 Construction Admin & Design 1,799,158 Estimates Well head construction 4,746,662 Estimates Capitalized Interest 1,075,519 Financing Costs 444,955 TOTAL COST 42,000,000 COPs Financing 42,000,000 . .- 209 This page intentionally left blank. 210 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/01107 Additional Item #: 1 Estimated Time: Page Number: Department: Finance Presenter: Avril M. Pinder Contact: Avril M. Pinder SUBJECT: Resolution Authorizing New Hanover County to be the Fiscal Agent for the Cape Fear Public Utility Authority BRIEF SUMMARY: The attached resolution authorizes New Hanover County to be the Fiscal Agent for the Cape Fear Public Utility Authority until the Authority has financial systems to account for their activities. As the Fiscal Agent, New Hanover County will disburse from and account for funds provided by the City of Wilmington and New Hanover County for the Authority. A budget amendment is attached in the amount of $1,837,820 to be transferred in from the City's Public Utility Fund and the Water and Sewer District to the Cape Fear Public Utility Authority Fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached resolution authorizing New Hanover County to be the Fiscal Agent for the Cape Fear Public Utility Authority until the Authority has financial systems to account for their activities and adopt the ordinance for budget amendment 08-056. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ ... . RESOLUTiOn CFPU,A, ~~HC FISc.!!'.L.A,GE~H,doc US-~~S 9--27-ndoc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Apprioved 5-0. 211 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS Authorizing New Hanover County to be the Fiscal Agent for the Cape Fear Public Utility Authority WHEREAS, pursuant to a joint resolution of the City of Wilmington and New Hanover County the Cape Fear Public Utility Authority was created pursuant to Chapter 162A, Article I of the North Carolina General Statutes (North Carolina Water and Sewer Authorities) to manage the water and sewer operations of the two entities; and WHEREAS, the Authority was incorporated on July 2, 2007, has held several meetings, is in the process of hiring a General Manager, and has approved the hiring ortegal counsel to advise them on the form and substance of the interlocal transition and operating agreement. They have also requested assumption of the contract for consulting services for MSFG, LLC, who was retained by the City and County to assist in the consolidation effort; and WHEREAS, prior to the closing of the interlocal agreement and the transfer of assets and liabilities to the Authority, along with associated operating revenues, funding is required to continue consolidation efforts; and WHEREAS, the City's Public Utility Fund will transfer to New Hanover County on behalf of Cape Fear Public Utility Authority the amount of $918,910 and New Hanover County has authorized contributions of$918,910 to Cape Fear Public Utility Authority; and WHEREAS, New Hanover County will serve as fiscal agent until the Authority has financial systems to account for their activities. NOW THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that a fund will be set up for the Cape Fear Public Utility Authority for use by the Authority as interim funding prior to the final conveyance of the water and sewer systems to the Authority; and BE IT FURTHER RESOLVED THAT, the County serve as fiscal agent for the Cape Fear Public Utility Authority, disbursing from and accounting for funds provided by the City of Wilmington and New Hanover County. ADO PTED the 1 st day of October 2007. William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board "'-"-'--'~=. __...__.'_..m_...____._u___ 212 AGENDA: October 1, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 08-056 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-056 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Cape Fear Public Utility Authority Department: Exnenditure: Decrease Increase Cape Fear Public Utility Authority $1,837,820 Total $1,837,820 Revenue: Decrease Increase Transfer in from New Hanover County $ 918,910 Transfer in from City of Wilmington $ 918,910 Total $1,837,820 Fund: Water and Sewer Department: Water and Sewer Administration Exnenditure: Decrease Increase Water/Sewer Administration: Contribution to Cape Fear Public Utility Authority $918,910 Transfer to Cape Fear Public Utility Authority $918,910 Total $918910 $918,910 Section 2: Explanation To budget contribution to Cape Fear Public Utility Authority (CFPUA) and appropriate the transfer from the City of Wilmington for the CFPUA. 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 08-056 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 213