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Agenda 2012 02-06New Hanover County, North Carolina L I NIOIO�Ook February 6, 2012 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN JASON R. THOMPSON, COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD %ad FEBRUARY 6,2012 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) STATE OF THE COUNTY ADDRESS (Chairman Ted Davis, Jr.) BREAK FOR RECEPTION NON - SECTARIAN INVOCATION (Henry Gregory, Pastor, St. Andrew PLEDGE OF ALLEGIANCE (Commissioner Richard G. Catlin) APPROVAL OF CONSENT AGENDA A.M.E. Zion Church) CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Lewis v. New Hanover County Settlement 3. Approval to Apply for Two Library Services and Technology Act (LSTA) Grants 4. Adoption of a Resolution Approving the Sole Source Award for the Purchase of Additional Self- Checkout Systems to Integrated Technology Group (ITG) 5. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:55 p.m. 6. Ceremonial Check Presentation by Habitat Homeowners 7:05 p.m. 7. Mid -Year Update Presentation by Wilmington Downtown, Inc. 7:25 p.m. 8. Consideration of Request to Establish and Fund the Landfill Construction of Cell 6E and Partial Closure of Cell 5 Capital Project 7:30 p.m. 9. Consideration of Solid Waste Franchise Applications - Second Reading 7:35 p.m. 10. Public Hearing Rezoning Request (Z -916, 01/12) - Request by Bonnie Narron on Behalf of Multiple Property Owners to Rezone Approximately 2.82 Acres at 3415, 3501, and 3505 N. Kerr Avenue from B -1 Business and AR Airport Residential to B -2 Highway Business District 8:20 p.m. 11. Wilmington Metropolitan Planning Organization - City of Wilmington - New Hanover County Comprehensive Greenway Master Plan Presentation PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 8:40 p.m. 12. Additional Items County Manager County Commissioners Board of Commissioners Meeting 02/06/2012 Clerk to the Board County Attorney 8:50 p.m. 13. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 02/06/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on January 19, 2012 Regular Meeting held on January 23, 2012 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/06/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 CONSENT ITEM: 2 DEPARTMENT: PRESENTER(S): Wanda Copley, County Attorney CONTACT(S): Wanda Copley, County Attorney SUBJECT: Lewis v. New Hanover County Settlement BRIEF SUMMARY: The Lewis v. New Hanover County lawsuit has been settled for $80,000 by the insurance company. New Hanover County is responsible for paying the deductible. Copies of the settlement documents are on file with the Clerk to the New Hanover County Board of Commissioners. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: No action requested. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) No action required. The information must be published for public record and included in the Board's official minutes. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/06/2012 2 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 CONSENT ITEM: 3 DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director CONTACT(S): Harry Tuchmayer, Library Director SUBJECT: Approval to Apply for Two Library Services and Technology Act (LSTA) Grants BRIEF SUMMARY: The Library is requesting permission to apply for two Library Services and Technology Act (LSTA) grants. The first grant application is for a Digitization Grant which will enable the library to scan images from its Local History archives and make them accessible to the public. The second application is for an LSTA EZ Grant to expand public access to the Internet at the Myrtle Grove Branch and Main Library. Both grants require a local match. The Digitization Grant requires a 10% match which will be covered by a combination of existing salary and software expenses. The EZ Grant requires a 25% match which will be covered by funds made available from the Friends of the Library, STRATEGIC PLAN ALIGNMENT: Effective County Management • Leverage technology and information to enable performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of grant applications. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/06/2012 3 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 CONSENT ITEM: 4 DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director CONTACT(S): Harry Tuchmayer, Library Director; Lena Butler, Purchasing Supervisor SUBJECT: Adoption of a Resolution Approving the Sole Source Award for the Purchase of Additional Self - Checkout Systems to Integrated Technology Group (ITG) BRIEF SUMMARY: At the Commissioner's meeting held on August 1, 2011, the Board approved the acceptance of a Library Services & Technology Acts (LSTA) Grant in the amount of $87,000. A 25% match of $21,980 was required which is being provided by the Friends of the Library which brings the total amount available for the project to $108,980. In 2008, the Library implemented its first self - checkout system. Using Integrated Technology Group (ITG), the County purchased software, hardware, materials and licenses for the installation of three (3) self - checkout units for use by Library patrons. The Library desires to use the available funds to update and expand the existing self - checkout program. With this grant, the library will be installing a total of thirteen (13) additional self - checkout units to provide better customer service throughout the County. Four units will be installed at the Main Library, four at Northeast Regional Lilbrary, four at Myrtle Grove and one at Carolina Beach Branch. At least one unit at each location will be handicapped accessible and suitable for use by children. The Library prefers to purchase the additional equipment from ITG to maintain standardization and compatibility with the existing units. The software necessary to operate the system has already been purchased and is designed to accommodate the additional units at no extra charge. No additional training of staff or the public will be required if we continue with the existing vendor. No other additional costs such as reconfiguration fees, expanded software licenses or training will be required if we continue with ITG. General Statute 143- 129(e) (6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply; or C. standardization or compatibility is the overriding consideration. Standardization and compatibility are the overriding factors being considered as justification to award this purchase to ITG as a sole source. ITG has submitted a quote of $99,720 for this project. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes • Understand and act on citizen needs Board of Commissioners Meeting 02/06/2012 4 -0 Adopt resolution approving the sole source award for the purchase of additional self - checkout units to ITG in the amount of $99,720. ATTACHMENTS: RESOLUTION QUOTE COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/06/2012 4 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS WHEREAS, to maintain standardization and compatibility with the current self - checkout units owned by the County, the Library is requesting approval to purchase additional self - checkout units to be installed at all branches of New Hanover County Public Library from Integrated Technology Group (ITG) as a sole source vendor; and WHEREAS, General Statutes 143- 129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" must be approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the purchase of additional self - checkout units from ITG as sole source vendor in accordance with the sole source provisions outlined in GS 143- 129(e)(6). ADOPTED this the 6 th day of February, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 4 -1 -1 Toll Free: 1- 877 - 207 -3127 Bibliotheca LTG Fax: 1- 877 - 207 -3129 www.bibliotheca- itg.com Board of Commissioners Meeting Last Updated: 1/13/201210:51 AM 02/06/2012 Page 1 of 2 4 -2 -1 Toll Free: 1-877-207-3127 Bibliotheca ITG Fax: 1-877-207-3129 www.bibliotheca -it I I iL R I i ITC5 RFID Securit Pedestals provide aisle widths of 36'42", dependin upon ta used. Maximum ei pedestals. Includes: visual and confi audible alarms built-in patron counter connection port for remote devices such as CCTV If Item Identification and Gate Trackin software is purchased: recordin of bar code numbers of those items that have alarmed the g ates remote notification of item titles at staff station(s) Librar provides: )) compliance with manufacturer's installation pre-re Librar provides, if Item Identification and Gate Trackin software is purchased: Computer (need not be dedicated) SIP2 from ILS Provider Securit Pedestal in-floor mountin electrical and network connection (if re and confi is included in the on-site Installation packa Does not include trenchin or networklelectric cablin which must be performed b the Librar if re Item Identification and Gate Trackin Software: As an add-on to Bibliotheca-ITG RFID securit pedestals, Item Identification and Gate Trackin software g ives librar staff the abilit to determine in most instances which items have tri an alarm. The software t installs on a sin computer and can retrieve alarm information from several pedestals. Optionall it can also send remote messa to desi staff workstations within the librar network as an alarm is tri showin staff at a g lance the title of the item and whether it has been checked out. Software displa Patron Count and Occupanc Count. Software connects to the librar ILS throu SIP (Standard Interchan Protocol) in order to retrieve the title and check the status of an item tri an alarm. Librar provides: )) compliance with manufacturer's installation pre-re Librar provides, if Item Identification and Gate Trackin software is purchased: Computer (need not be dedicated) SIP2 from ILS Provider Item Identification Software ITG41 OEWSYSL Item Identification and Gate Trackin Software $ 3,960.00 Each $ SYSTEM License ITG41 OEWCFG Item Identification and Gate Trackin Software $ 125.00 $ - Each $ Securit Pedestal Confi - Price per securit pedestal Hardware Ta Paneled Securit Pedestals RFID41OAl Sin Aisle Securit Gate - 2 Pedestals $ 7,500.00 1 $ 7,500.00 Set $ 7,500.00 RFID410A2 Dual Aisle Securit Gate - 3 Pedestals $ 11,250.00 $ - Set $ - Installation and Trainin On-Site Installation is re for most new installations. Additional products can usuall be installed and confi remotel dependin on t Trainin is provided as part of the installation price and is also available subse tailored to the librar re Securit Pedestal In-Floor Mountin Electrical and Network Connection (if re and Confi is included in the On-Site Installation price. Does not include trenchin or network /electric cablin which must be performed b the librar if re INSTALLTRN On-Site Installation and/or Trainin 11 $ 4,300.00 Total I $ 4,300.00 REMOTECFGTRN Remote Confi and/or Trainin $ 750.00 I$ - Session I $ - Shipp n SHIP iShippin and Administrative*** 1 $ 3,321.38 1 Total I $ 3,321.38 Grand Total: $ 99,719.88 Prices q uoted above include first y ear's, Support andlWaintenance however,, an re SIP conf� is,, separate. Please note that thele, ma be an additional char for efectrical work. 'Shippin is,, estimated (A) on one te,ceivin location,, unless otherwise noted,, and (B) on curtent rates and proposaL Annual Support and Maintenance followin first y ear: 13% Software Licenses: Percenta of unit list price shown above. 5% Hardware Onl Components: Percenta of unit list price shown above 8% Bundled Products: Percenta of unit list price shown above Annual Maintenance Discount When Cumulative if Paid Savin if Paid Up Purch. Up Front Up Front Front Year 2: $5683.70 3% ............................................... 0 Year 3: $5967.89 [::::60o $ �,68�5.36 9 0 0/0 0 Year 4: $6266.28 9% 15,516.50 $:::::::::2=,40136 E Year 5: $6579.59 '6 0 7 ........................................... Year 6: $6908.57 =l 5 0/6 ................................. .. . . . . . . ............... . . . . . . . . . . ........................... ..................... ......... ..... 7, 25 0 31 .......................... .................. .. . .. Good throu Quoted B To D a t e: Approved By:[ Accepted B Accepted Date: Board of Commissioners Meetin Last Updated: 1/13/201210:51 AM 02/06/2012 Pa 2 of 2 4-2-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 CONSENT ITEM: 5 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2012. 12 -142 - Health 12 -144 - Emergency Management & 911 Communications 12 -135 - Sheriffs Office 12 -136 - Sheriffs Office 12-138 - Sheriffs Office 2012 -34 - Sheriffs Office 2012 -35 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 12 -142 B/A 12 -144 B/A 12 -135 B/A 12 -136 B/A 12 -138 B/A 2012 -34 B/A 2012 -35 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 02/06/2012 5 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved BA -12 -144 by a vote of 5 -0, with the stipulation that a resolution be placed on the Board's next agenda regarding 911 Communications. Approved the remaining budget amendments 5 -0. Board of Commissioners Meeting 02/06/2012 5 -0 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 142 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -142 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Health / Vector Control Expenditure: Decrease Increase Health / Vector Control: Supplies $4,916 Total 1 $0 11 $4 Revenue: Decrease Increase Health / Vector Control: Grant - State Aid for Mosquito Control $4,916 Total 1 $0 11 $4 Section 2: Explanation To budget a one -time additional award received from the NC Department of Health and Human Services for State Aid for Mosquito Control. The funds will be used to purchase chemicals and supplies needed for the treatment of mosquitos in New Hanover County. No new positions are being requested and no county matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -142, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -1 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 144 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -144 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Emergency Management & 911 Communications and Nondepartmental Expenditure: Decrease Increase Emergency Mgmt & 911 Communications/Public Safety Communications: Salaries and Wages $75,000 Temporary Salaries $125,000 Nondepartmental /Salaries & Benefits: Salary Adjustment $200,000 Total $200,000 $200,000 Section 2: Explanation To budget additional salaries and wages required for 911 Employees through FY 11 -12. Emergency Management staff reviewed an alternate staffing pattern to provide an additional service level through additional hours and the use of temporary employees to provide a higher level of service. It was estimated how many temporary employees would be required to maintain staffing levels. The salaries and wages expenditure is greater than anticipated. Emergency Management staff needs to make a decision to either retain current trained employees and increase the FYI 1-12 budget, or terminate the additional employees and go back to the previous service level. The approval of this budget amendment would maintain all the current employees through the end of FYI 1- 12. 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 12 -144, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -2 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 135 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12-135 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Uniform Patrol Expenditure: Decrease Increase Sheriffs Office /Uniform Patrol: Capital Outlay - Equipment $500 Total $0 $500 Revenue: Decrease Increase Sheriffs Office /Uniform Patrol: Contributions $500 Total $0 $500 Section 2: Explanation To budget a contribution of $500 donated by PPD to the event, Wilmington's Got Talent. Proceeds from this event were donated to the Sheriffs Office to purchase a drug dog. 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 12-135, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -3 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 136 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12-136 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Uniform Patrol Expenditure: Decrease Increase Sheriffs Office /Uniform Patrol: Capital Outlay - Motor Vehicle $5000 Total $0 $50 Revenue: Decrease Increase Sheriff s Office /Administration: ABC Fees $5000 Total $0 $50 Section 2: Explanation To budget additional ABC revenue for vehicles. 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 12-136, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -4 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 138 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12-138 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Detectives /Administration Expenditure: Decrease Increase Sheriff s Office /Detectives: Overtime Pay $4,823 Supplies $1,648 Total $0 $6 Total $0 $6 Revenue: Decrease Increase Sheriff s Office /Administration: Miscellaneous Revenue $6,471 Total $0 $6 Section 2: Explanation To budget reimbursement received for FBI overtime in October 2011 and lab services provided by the Sheriffs CSI unit. 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 12-138, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -5 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 34 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -34 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (IRS): Supplies $106 Total $0 $1 Revenue: Decrease Increase Federal Forfeited Property (IRS): Federal Forfeited Property $106 Total $0 $1 Section 2: Explanation To budget Federal Forfeited Property (IRS) receipts of 12/21/11 for $1,086. IRS receipts are for Department of Treasury cases. 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 2012 -34, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -6 -1 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 35 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -35 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $16,594 Total $0 $16 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $16,594 Total $0 $16 Section 2: Explanation To budget Controlled Substance Tax receipt of 1/18/12 for $16,594. Controlled Substance Tax is 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 2012-35, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 5 -7 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 6 DEPARTMENT: PRESENTER(S): Habitat Homeowners Pauline Miller, Damion and Tasha Allison, and Hernon Rios CONTACT(S): Bruce T. Shell, County Manager and Kitty Yerkes, Development Director, Cape Fear Habitat for Humanity SUBJECT: Ceremonial Check Presentation by Habitat Homeowners BRIEF SUMMARY: These Habitat homeowners would like to present the New Hanover County Board of Commissioners with a ceremonial check representing their property taxes, which they are proud to pay. The following representatives from Cape Fear Habitat for Humanity will be present and may be joined by other board members: Bob Calhoun, Executive Director Kitty Yerkes, Development Director Jane Roberson, Family Services Director STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept ceremonial check. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Accept ceremonial check. COMMISSIONERS' ACTIONS: Accepted ceremonial check. Board of Commissioners Meeting 02/06/2012 6 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 7 DEPARTMENT: PRESENTER(S): David Spetrino, Jr., WDI Board Chair CONTACT(S): Bruce T. Shell, County Manager and John Hinnant, WDI President & CEO SUBJECT: Mid -Year Update Presentation by Wilmington Downtown, Inc. BRIEF SUMMARY: Wilmington Downtown, Inc. (WDI) Board Chair David Spetrino will provide a mid -year update to the Commissioners. The momentum downtown is encouraging and he would like to share that with the County. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 02/06/2012 7 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 8 DEPARTMENT: Environmental Management PRESENTER(S): John Hubbard, Environmental Management Director and Chris Coudriet, Assistant County Manager CONTACT(S): John Hubbard, Environmental Management Director SUBJECT: Consideration of Request to Establish and Fund the Landfill Construction of Cell 6E and Partial Closure of Cell 5 Capital Project BRIEF SUMMARY: At the current time, there is significant uncovered open landfill space. Despite improvements to the leachate treatment facilities, treatment capacity cannot always keep up with the amount of leachate generated during periods of heavy rainfall. As a result, at times, leachate has been held back in the landfill until staff can pump and haul or otherwise appropriately address the excess leachate. Earlier this fiscal year, New Hanover County received a Notice of Violation from the NC Department of Environment and Natural Resources (DENR) during such an event. Partial closure of the side slopes of Cell 5 would reduce the amount of open landfill space and thus reduce the rate of leachate generation. Funding for this capital project was included in the FYI 1- 12 Adopted Budget. Additionally, due to the temporary closure of the Sustainable Energy Facility (SEF), the landfill has had to accommodate more waste. The latest projections estimate that there are between 11 and 14 months of available capacity remaining in the permitted landfill. The design, permitting and construction process for a new landfill cell is lengthy, thus necessitating the need to begin the construction of Cell 6E. Funding for the initial design and permitting work was included in the FYI 1- 12 Adopted Budget. Bidding these two projects together would result in substantial savings and efficiencies to New Hanover County due to lower mobilization costs and requirements of staff time. Staff requests permission to establish the Landfill Construction of Cell 6E and Partial Closure of Cell 5 Capital Project and transfer $2.3 million budgeted in the FYI 1 -12 Adopted Budget to fund the following: Cell 6E and Partial Cell Closure Design /Permitting $300,000 Partial Closure Cell QA/QC Engineering $200,000 Partial Closure Cell 5 Construction $900,000 Cell 6E QA/QC Engineering $250,000 **Cell 6E Construction $650,000 Total $2,300,000 * * The estimated cost for the construction phase of Cell 6E is $1.75 million (for a total cost for both projects of $3.4 million). The $1.1 million in addition funds required to fully fund the construction of Cell 6E will be requested as part of the FY12 -13 budget. Staff requests permission to bid the two projects together, with the understanding that bid award and contracting for both projects would be conditional on required future funding. STRATEGIC PLAN ALIGNMENT: Board of Commissioners Meeting 02/06/2012 8 -0 Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the establishment of the Landfill Construction of Cell 6E and Partial Closure of Cell 5 Capital Project and funding in the amount of $2.3 million and adopt the ordinance for budget amendment 2012 -033. ATTACHMENTS: BA 2012 -33 Cell 6E and Partial Cell 5 Closure Capital Project Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/06/2012 8 -0 AGENDA: February 6, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 033 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -033 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency / quality of key business processes Fund: Landfill Cell 6E and Partial Closure of Cell 5 Department: Environmental Management / Landfill Expenditure: Decrease Increase Landfill Cell 6E and Partial Closure of Cell 5: Cell 6E and Partial Cell 5 Closure Design /Permitting $300,000 Partial Closure Cell 5 QA /QC Engineering i $0 $200,000 Partial Closure Cell 5 Construction $900,000 Cell 6E QA /QC Engineering $250,000 * *Cell 6E Construction $650,000 Total $0 $2 Revenue: Decrease Increase Landfill Cell 6E and Partial Closure of Cell 5: Transfer in from Env. Management Fund (700) $2,300,000 Total i $0 $2 Section 2: Explanation To fund a $1.1 million partial closure of Landfill Cell 5. Despite improvements to the treatment system, the amount of open landfill space exceeds the existing treatment facility's capacity to address leachate generated during periods of heavy rain. The partial closure of the side slopes will help reduce the rate of leachate generation. Funding for this project was included in the FYI 1-12 Adopted budget. Additionally, with the SEF temporarily closed, all solid waste is currently being disposed of in the Landfill. Based on the latest projections, the county has 11 -14 months of permitted Landfill capacity remaining, necessitating the construction of Cell 6E. To minimize mobilization costs and increase efficiencies for the County, the Partial Cell 5 closure and Cell 6E will be bid together. Partial funding for Cell 6E was also included in the FYI 1- 12 Adopted budget. The total estimated cost for the construction phase of Cell 6E is $1.75 million. The $1.1 million in addition funds required to fully fund the construction of Cell 6E will be requested as part of the FY 12 -13 budget. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2012 -033, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 6th day of February, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 02/06/2012 8 -1 -1 CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY LANDFILL CELL 6E and PARTIAL CLOSURE of CELL 5 BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the construction of the Landfill Cell 6E and the partial closure of Cell 5, which capital project involves the construction and /or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159 -13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 4. This declaration of official intent is made pursuant to Section 1.150 -2 of the Treasury Regulations to expressly declare the 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. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159 -13.2. 2. The project undertaken pursuant to this ordinance is the Landfill Cell 6E and Partial Closure of Cell 5 Construction Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Transfer in from Enterprise Fund $2,300,000 Total $2300,000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $2,300,000 Total $2300 000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 6 day of February, 2012. Sheila L. Schult Clerk to the Board of Commissioners Ted Davis, Jr., Chairman Board of County Commissioners Board of Commissioners Meeting 02/06/2012 8 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Consideration of Solid Waste Franchise Applications - Second Reading BRIEF SUMMARY: Section 44 -55 requires that businesses collecting solid waste in New Hanover County apply for a franchise. The following have now made application: 1. Coastal Ladies Carting, Inc. 2. Tangerine Carting, Inc. County staff has determined that the requested application documentation has been submitted, including confidential financials. As a condition of franchise award, the franchisee agrees to comply with all the requirements of Chapter 44 of the New Hanover County Code, including that the waste be deposed of at facilities designated by the County. The first reading was approved 4 -0 on January 23, 2012. Commissioner Thompson was recused. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider Franchise Awards (Second Reading). Pranchise Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0, Commissioner Thompson was recused. Board of Commissioners Meeting 02/06/2012 9 -0 t � � � 7 www. s COASTAL LADIES C A R T I N G Recycling and Trash Collection Services November 10, 2011 Mr. Kemp Burpeau, Coastal Ladies Carting, Inc. a North Carolina Corporation with a corporate address at 311 Judges Road, 1G Wilmington, NC 28405, respectfully requests a New Hanover County Franchise License / Certificate for Solid Waste Collection in accordance with Section 44 -55. 1) Coastal Ladies Carting, Inc. 311 Judges Road, 1G Wilmington, NC 28405 Principal & President, Kelly Buffalino Principal, Joyce Paradiso 2) Equipment possessed, available or to be obtained within 18 months: Auto: Container Transport Hauler (1) Refuse Collection Truck— Front Load, Rear Load, Side Load (8) Pickup Truck (2) Container: 96G 2yard, 4 yard, 6 yard, 8 yard 3) 10 full -time employees 4) Experience includes management and operational expertise with 20+ years in the industry. 5) Balance Sheet / &Historical Financial Statement for prior year performance is not applicable as this is a new company. I am available at your convenience should you have any questions or require additional documentation. Thank you for this opportunity and we look forward working with New Hanover County. Regards, Shaun Office 311 Judges rd, 1G P 910.313.2556 Facility 3413 Enterprise d r. F 910.762.4299 Board of Commissioners Meeting Wilmington, NC 28405 02/06/2012 info@CLCarting.com 9 -1 -1 Franchise A Information Sheet Wilmin NC 28405 Tan Cartin Incorporated 100% Interest b me 2. 2006 Roll N Go Trailer: 14k lb capacit with seven 12 y ard roll off containers. Within 18 month expect to have 25 containers total. ■ One ernplo Anthon ■ Costa Jr. 4. Experience: Certified Diesel Mechanic, Class A CDL driver with Hazmat endorsement -7 y ears solid waste experience. (previousl owned a construction compan with dump trailers) 5■ Financial Statement: . see a "'' 1 , 0 4 Adel I .,* I"\ (Co,4J"l I . � � �m S ri. - e a ■ Board of Commissioners Meetin 02/06/2012 9-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 10 DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner (Planning Board Rep: Anthony Prinz) CONTACT(S): Nicole Dreibelbis, Current Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -916, 01/12) - Request by Bonnie Narron on Behalf of Multiple Property Owners to Rezone Approximately 2.82 Acres at 3415, 3501, and 3505 N. Kerr Avenue from B -1 Business and AR Airport Residential to B -2 Highway Business District BRIEF SUMMARY: At their January 5, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of an amended rezoning request. The amended request reduced the B -2 acreage requested from 3.91 acres to 2.82 acres. The change limited the amount of B -2 at 3415 N. Kerr Avenue to 1.20 acres which addressed concerns brought up at the hearing. Three people spoke in opposition to the rezoning, citing concerns about buffering, property value, flight patterns and safety. The owner of 3415 N. Kerr Avenue spoke in support of the rezoning. All parcels are identified as Transition on the 2006 CAMA Land Classification Map. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from AR, airport residential and B -1, business to B -2, highway business as described is: 1. Consistent with the purposes and intent of the Transition classification, Policy 4.3 of the 2006 CAMA Land Use Plan, and the growth pattern supported in the Wrightsboro Plan. 2. Reasonable and in the public inte rest to rezone 2.82 acres of AR, airport residential property and Board of Commissioners Meeting 02/06/2012 10 -0 B -1, business property to B -2, highway business, consistent with the existing commercial node. ATTACHMENTS: Z -916 Script Z -916 Staff Summary Z -916 Petition Summary Z -916 Adjacent Property Owners Map Z -916 Zoning Map Z -916 Table of Permitted Uses Z -916 Application- Updated Z -916 Parcel 1 Z -916 Parcel 2 Z -916 Parcel 3 Z -916 ILM Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: A motion to deny the request on the basis that it is not consistent with the land use plan was approved 5 -0. During additional items a motion to reconsider the previous vote failed 3 -2, Chairman Davis, Vice - Chairman Barfield and Commissioner Catlin voting in opposition. Board of Commissioners Meeting 02/06/2012 10 -0 Item # Script for Rezoning (Z -916) 01/12 Request by Bonnie Narron on behalf of multiple property owners to rezone approximately 2.82 acres at 3415, 3501, and 3505 N. Kerr Avenue from B -1 Business and AR Airport Residential to B -2 Highway Business District. All parcels are identified as Transition on the 2006 CAMA Land Classification Map. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to proceed or do you wish to continue the matter? 6. Vote on rezoning. The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. An example of a motion to approve appears on the agenda item cover sheet. Board of Commissioners Meeting 02/06/2012 10 -1 -1 CASE: Z -916, (01/12) Revised PETITIONER: Bonnie Narron on behalf of multiple property owners REQUEST: Rezone from AR, Airport Residential and B -1, Business to B -2, Highway Business District ACREAGE: 2.82 Acres LOCATION: 3415, 3501, and 3505 North Kerr Avenue LAND CLASS: Transition PLANNING BOARD ACTION The Planning Board voted 5 -0 to recommend approval of an amended request which reduced the total B -2 acreage requested from 3.91 to 2.82 acres, limiting B -2 at 3415 N. Kerr Avenue to 1.20 acres, on January 5, 2012. The owner of 3415 North Kerr Avenue spoke in favor of the request. However, two adjacent property owners and an attorney, representative of another adjacent property owner, spoke in opposition of the request citing concerns of buffering, property value, flight patterns, and safety. STAFF SUMMARY PROPERTY SPECIFICS This proposal consists of three parcels, containing 2.82 combined acres. All of the subject properties are accessed off of North Kerr Avenue, an urban principal arterial roadway, located between Castle Hayne and Blue Clay roads. CHARACTER OF THE AREA Current Zoning Parcel I is 3415 North Kerr Avenue, consisting of 3.52 acres, of which 1.2 acres are included in the rezoning request. 3415 North Kerr Avenue is currently zoned AR, Airport Residential District. The Airport Residential District is established for the purpose of limiting the development of land within the vicinity of the New Hanover County Airport to low density residential development. In promoting the general purpose of this Ordinance, the specific intent of this Section is to minimize aircraft hazards by excessive density; to prohibit the development of places of assembly such as schools, hospitals, rest homes, or other uses which tend to concentrate large numbers of people; and to promote the health, safety and general welfare of the inhabitants of New Hanover County by preventing the creation of hazards to the Airport, thereby protecting the lives and property of the users of the Airport and of occupants in the vicinity and preventing destruction or impairment of the utility of the Airport and the 11 P ag Board of Commissioners Meeting 02/06/2012 10-2-1 public investment therein. The portion of the property subject to the rezoning request is vacant farm land; the single family residence and subsequent 2.32 acres will remain AR. Parcel II is addressed 3501(0.49 acres) and Parcel III is addressed 3505 (1.13 acres) North Kerr Avenue. Both properties are currently zoned B -1, Business District. The purpose of the B -1 District is to provide convenient shopping facilities primarily of necessity goods and personal services required to serve a neighborhood. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials designated on the Wilmington Metropolitan Planning Organization's Roadway Functional Classification map. 3501 N. Kerr Avenue is currently a landscape contractor outfit. 3505 N. Kerr Avenue has two commercial buildings onsite, one is used as an automobile service station and the other is currently vacant. Rezoning these two parcels will have no effect on the existing uses, as both are permitted by right in either a B -1 or a B -2 zoning district. There is a variety of zoning within close proximity to the subject properties. North, across North Kerr Avenue, includes 4.5 acres of B -1, Business District and 3.6 acres of Airport Residential. South of the subject properties is an assortment of zoning, including B -2, Highway Business, AR, Airport Residential, and A -I, Airport Industrial. Immediately east of the properties, fronting North Kerr Avenue is an extension of the Airport Residential designation. Immediately west is an existing B -2, Highway Business District, extending across Castle Hayne Road. Proposed Zoning The purpose of the B -2 Highway Business District is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volumes of traffic. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. No B -2 District shall be less than five (5) acres in area. TRAFFIC North Kerr Avenue is an urban principal arterial roadway. The ADT at Location 54, situated between Castle Hayne Road and Blue Clay Road, has increased from 7,436 (2010) to 8,864 (2011). The portion of North Kerr Avenue fronting the subject property has a LOS C, meaning the roadway is operating at capacity with traffic flowing efficiently. The intersections of Castle Hayne Road and North Kerr Avenue and Blue Clay Road and North Kerr Avenue are signalized to control the flow of traffic. COMMUNITY SERVICES: Water /Sewer: Water is available near the site from CFPUA. Sewer is planned for the area but will rely on development to fund the construction. Fire Protection: The property will be served by New Hanover County Fire Services. Schools: School districts are determined by the New Hanover County Board of Education periodically. If the request is granted, the use will not be residential, so no impact on schools is anticipated. 2 1 P ag Board of Commissioners Meeting 02/06/2012 10 -2 -2 Air Elevation: A portion of 3415 North Kerr Avenue is located within the Horizontal approach zone of ILM. The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. A horizontal approach zone is established at 150 feet above the airport elevation or at a height of 182 feet above mean sea level. Julie Wilsey reviewed the rezoning request and provided feedback on behalf of ILM Airport. She advised staff that rezoning a residential district to commercial is preferred because of the noise associated with a horizontal approach zone. However, three uses, which have the potential to impact the operations of the airport and are permitted by right within a B -2 zoning designation, include TV or radio broadcasting and its accessory towers, a drive -in theatre's lighting, and a large recycling outfit, attracting excessive birds. Height limitations are typically regulated by the Airport Height Ordinance for parcels located within an airport zone; however, the zoning ordinance is more restrictive of this site because of the minimal acreage and adjacent residential land uses. LAND CLASSIFICATION: The subject properties are located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The purpose of the Transition Classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Ness Creek watershed drainage area which is classified as C; SW. The soil maps indicate Onslow loamy fine sand is prevalent on all subject properties. However, Pantego loam is also located on Parcel III, 3505 North Kerr. Onslow loamy fine sand is determined to be a Class II soil and is considered to have moderate limitations. Class II soils require moderate modification and maintenance. Pantego loam is a Class III soil and presents severe limitations. Class III soils require extensive modification and intensive maintenance. PLANS AND POLICIES: Policy 4.3 of the 2006 CAMA Land Use Plan addresses the need to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Buffers will be required for adjacent residential property in accordance with the zoning ordinance. The 1991 small area plan, "Wrightsboro, An Eye on the Past ... A Step Towards the Future" emphasizes continuing the established zoning pattern. The plan seeks to maintain the moderate growth rate that Wrightsboro has experienced over the years. 3 1 P ag Board of Commissioners Meeting 02/06/2012 10 -2 -3 STAFF POSITION: This rezoning request is consistent with the intent for the B -2 Highway Business District designation, the Transition land classification and the Wrightsboro Plan. The subject properties are located on N. Kerr Avenue in an area with a Level of Service C which means that traffic flows freely. Traffic signals exist at nearby intersections with Castle Hayne Road and Blue Clay Road to help manage future traffic volume which may come about from other developments in the area. The uses currently occupying the subject properties will remain conforming with the B -2 district which requires adequate buffering to protect adjacent residential properties from undue impacts. The proposal extends an existing commercial node to serve the needs of a community where numerous residential projects are planned. Finally, B -2 zoning is thought to be more consistent with airport use then the existing residential zoning. Staff recommends approval of this rezoning request. 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 its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from AR, airport residential and B -1, business to B -2, highway business as described is: 1. Consistent with the purposes and intent of the Transition classification, Policy 4.3 of the 2006 CAMA Land Use Plan, and the growth pattern supported in the Wrightsboro Plan. 2. Reasonable and in the public interest to rezone 2.82 acres of AR, airport residential property and B -1, business property to B -2, highway business, consistent with the existing commercial node. Board of Commissioners Meeting 02/06/2012 10 -2 -4 Case Z -916 (01/12) Amended request to rezone 2.82 acres from B -1 and AR to B -2 located at 3415, 3501, & 3505 N. Kerr Avenue Petition Summary Data Parcel IDs: R03316- 004 - 014 -000 R03315- 002 - 001 -001 R03315- 002 - 001 -000 Owner /Petitioner: Bonnie Narron, First Quality Imports, on behalf of multiple property owners Existing Land Uses: 3415 N. Kerr - Airport Residential (AR) 3501 N. Kerr- Business (B -1) 3505 N. Kerr- Business (B -1) Zoning History: Airport adopted October 4, 1976 Land Classification: Transition Water Type Access to CFPUA water is nearby. Sewer Type: No sewer available at this time. Recreation Area: Castle Hayne Park and Wrightsboro Elementary School Access & Traffic Volume: North Kerr Avenue is an urban principal arterial roadway, with an increasing ADT at Location 54, between Castle Hayne Road and Blue Clay Road, from 7,436 (2010) to 8,864 (2011). Fire District: New Hanover County Fire Services Watershed & Water Quality Classification: Ness Creek (C; SW) Aquifer Recharge Area: Chiefly a discharge area for ground -water flow. Conservation /Historic /Archaeological Resources: No conservation, historic, or archaeological resources are identified on the property. The property is located in a horizontal approach zone and development is subject to recommendations outlined in the Wilmington International Airport Height Restriction Ordinance. Soils: 3415 N. Kerr - Onslow loamy fine sand (On) 3501 N. Kerr - Onslow loamy fine sand (On) 3505 N. Kerr - Onslow loamy fine sand (On) and Pantego loam (Pn) Septic Suitability: Onslow loamy fine sand is a Class II soil and is considered to have moderate limitations. Class II soils require moderate modification and maintenance. Pantego loam is a Class III soil and presents severe limitations. Class III soils require extensive modification and intensive maintenance. Schools: Wrightsboro Elementary School Holly Shelter Middle School New Hanover High School Board of Commissioners Meeting 02/06/2012 10 -3 -1 4 CL O LO M 0- U) M � 00 r LL O LO V 4— O — Z C' O Q} O �( •� O +� = +J 4 J Q), U7 V M O `� O El LO O C�3 _ M 00 r N — r ` r • I � 'a.• k `.• kk t r 00 C" r LO r CASTLE FEE RD UJI 7 F Board of Commissioners Meeting 02/06/2012 ' aW U- IOL 07 0 LO TOM 77, LU 1 LO CO 0 W CA -cl Permitted Uses AR IP B -2 B -1 Agricultural Uses P P Kennels P P Veterinaries P P Wholesale Nurseries P P P General Building Contractor P General Contractors Other Than Building P Landscaping Contractor P Special Trade Contractor P Special Trade & General Contractor with no Outside Storage P Artisan Manufacturing P P Limited Manufacturing S Bus & Taxi Terminal P Commercial Marina with Floating Structures S S Commercial Marina P S Dry Stack Storage of Boats: As a stand -alone warehouse P As accessory to a marina P Electric/ Gas & Sanitary Services P P Electric Substations P P Mini - Warehouses P Post Office P Telephone & Telegraph Facilities P P P Tv & Radio Broadcasting P Warehousing P Water Transportation Facilities is P Other Communications Facilities Including Towers S S Antenna & Towers Less than 70 Ft. In Height & Ancillary to the Principal Use P P P Cellular & PCS Antennas P P P Amateur Radio Antennas (Up to 90 Ft.) P P P Wholesaling with No Outside Storage P Wholesaling Seafood With Water Frontage P P Automobile Service Station P P Automobile Dealers & Truck Sales P Boat Dealers P Building Material & Garden Supplies P Convenience Food Store S P P Drug Store P P Eating and Drinking Establishment P P Entertainment Establishments, Bars, Cabarets, Discos P S Entertainment Establishments, Bars, Cabarets, Discos in a Shopping Center P P Farm Implement Sales P Food Stores P P Board of Commissioners Meeting 02/06/2012 10-6-1 Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale P P P Furniture, Home Furnishing & Equipment P P General Merchandise Stores P P Handcrafting Small Articles P P Hardware P P Landscaping Servcies P Miscellaneous Retail P P Mobile Home Dealers & Prefabricated Buildings P Retail Nurseries S P P Historic Restaurant P P Banks, Credit Agencies, Savings & Loans P P Automobile /Boat Repair Sales P Automobile Rentals P Barber /Beauty Shop P P Bed and Breakfast Inn S Business Services Including Printing P P Camping, Travel Trailer Parks P Drive -In Theater P Dry Cleaning/ Laundry Plant P P Electrical Repair Shop P Equipment Rental & Leasing P Funeral Home P P Hotels & Motels P Indoor & Outdoor Recreation Establishments S P P Indoor Theater P Parks & Recreation Area P P P Personal Services P P Resort Hotel & Motel P Stables P P Septic Tank Vacuum Service P Watch, Clock, Jewelry Repair P P Children's Day Care P P Community Center P Residential Care P Libraries P P P Museums P Churches P P P Lodges, Fraternal, & Social Organizations S P P Fraternities /Sororities, Residential P P Accessory Buildings or Uses, clearly incidental P P P Cemeteries S Christmas Tree Sales P P Circuses, Carnivals, Fairs, & Side Shows of No more than 30 Days P P Community Boating Facility S Private Residential Boating Facility P Board of Commissioners Meeting 02/06/2012 10 -6 -2 Demolition- Landscape P P P Dwelling Unit Contained within Principal Use S S Electronic Gaming Operations S Evangelistic and Religious Assemblies not Conducted at a Church P P P Government Offices & Buildings P IP P P Home Occupation Mobile Homes P Mobile Homes, Doublewide P Mobile Home Subdivision S Offices for Private Business & Professional Activities P P Outdoor Bazaars excluding Yard Sales P I P P Pumpkin Sales P P Principle Use Sign P P Research Facilities P P Single Family Dwelling P I S S Single Family Dwelling- Attached S S Special Fund Raising for Non - Profit Organizations P P P Temporary Signs P P P Recycling Facilities: Small Collection S P P Large Collection S I S P Large Collection with Processing P Board of Commissioners Meeting 02/06/2012 10 -6 -3 1911D 11 111 3" 1*10 f I WWI 1 1 1-02 ! 3391'�`l 1111 lIlly 91-40 1 0011. , 11 11'' � 1 � 1 1 Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. You are encoura to consult with a Planner prior to submission. For Petitions involvin five (5) acres or less a fee of $400.00 will be char for those of mom than five ( 5 ) acres a fee of $600.00 will be char This fee, pa to New Hanover Count MUST. accompan this r! etition. The followin supplemental information is re 7. An special re of the ordinance (For example, Section 53.5 for Planned Development District, Section 53.460 Exceptional Desi Zonin District or Section 59.9 Riverfront Mixed Use District 8. Report on Communit information meetin (see Section 11 1-2. 1 if applicable. 11'.4 Al I DMOA Q 01 111M Petitions for chan of zonin are first referred to the New Hanover Count Plannin Board and then acted upon b the New Hanover Count Board of Commissioners. Certain specialized districts (Riverfront Mixed Use, Planned Development, and Exceptional Desi Zonin District) ma re review b the Technical Review Committee (TRC prior to application submission. ■ Board of Commissioners Meetin 02/06/2012 10-7-1 NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmin NC 28403 DEPARTMENT 910-798-7165 phone 910-798-7053 fax ZONING MAP AMENDMENT www.nhe APPLICATION # a*7 6�I Subject Propert Petitioner Inforination e ) Pro' erty Own "r(' s p Y 'di ffi rent than Petitioner Name Owner Name Address Bonnie Narron Multiple Owners, See attached. On Owner Listin Attached Compan Owner Name 2 Parcel ID First Qualit Imports mult Owners, See attached On Owner Listin Attached ■ Address .......... Address Acrea Feet 2403 Castle Ha Road On Owner Listin See attached 77M A Cit state Zip Cit State, Zip ExistingifLonwg Ad Use 7 Wilmin On Owner Listin See attached. B-1 and AR Phone Phone Proposed Zonin and Use 910-254-1433 See Petitioner Information B-2 Email Email Land Classification Not Provided l Communit y 1911D 11 111 3" 1*10 f I WWI 1 1 1-02 ! 3391'�`l 1111 lIlly 91-40 1 0011. , 11 11'' � 1 � 1 1 Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. You are encoura to consult with a Planner prior to submission. For Petitions involvin five (5) acres or less a fee of $400.00 will be char for those of mom than five ( 5 ) acres a fee of $600.00 will be char This fee, pa to New Hanover Count MUST. accompan this r! etition. The followin supplemental information is re 7. An special re of the ordinance (For example, Section 53.5 for Planned Development District, Section 53.460 Exceptional Desi Zonin District or Section 59.9 Riverfront Mixed Use District 8. Report on Communit information meetin (see Section 11 1-2. 1 if applicable. 11'.4 Al I DMOA Q 01 111M Petitions for chan of zonin are first referred to the New Hanover Count Plannin Board and then acted upon b the New Hanover Count Board of Commissioners. Certain specialized districts (Riverfront Mixed Use, Planned Development, and Exceptional Desi Zonin District) ma re review b the Technical Review Committee (TRC prior to application submission. ■ Board of Commissioners Meetin 02/06/2012 10-7-1 I 1111pill tiff =11 W i qpi�pp�I;Ipq I I I I I I I I I A , 11 0 The Count has historicall directed more intense commercial development to locate alon major hi at or near intersections with other major roads and hi or collector roads. The confluence of Castle Ha Road and North Kerr Avenue is clearl a g ood example of this polic concept. 2. How would the re zone chan be consistent with the propert classification on the Land Classiffication M 9 ap. 3. What si nei chan have occurred to make the ori zonin inappropriate, or how is the Iant I- involved unsuitable for the uses permitted under the existin zonin Board of Commissioners Meetin 02/06/2012 10-7-2 A Al "low wHI th's chan of zonin serve the public interest? 7 �aeavll traveled roads where a number of dinin have been developed over the . Increasin the opportunities to s ever g reater choice and in some f the area to meet their service needs. s clear it wouldnit undermine or—b-e- 10 a In si this petition, I understand that the existin zonin map is presumed to be correct and that I have the burden of provin wh a chan I's W. the public interest. I further understand the sin out of one parcel of land for i E special zonin treatment unrelated to Count policies and the surroundin nei would probabl be 'Ille I certif that this application 'is complete and that all 'Information presented 'in this application is accurate to the best of m knowled *Information, and belief. Si of Petitioner and/or Propert Owner Xonnie Narron 0-mo-mm Board of Commissioners Meetin 02/06/2012 10-7-3 New Hanover Count New Ila nov,er Coitim! rit Pa I of I =� 11� BULLARD JAMES M JR WILMINGTON NC 28405 THE DATA IS FROM 2011 Le Description Tax District Owners Owner cit State Countr Zip Data Cop New Hanover Count [Disclaimefl [Privac Pok Last Updated: 28 ftciV207I 7!* Site Desi Cop 1999-2006 Akanda Group LLC. All ri reserved. Board of Commissioners Meetin 02g6120W2_ I I http-.//etax.nlic ear =no& 12/2/2011 I CONTACT US I HELP N. I-I C " ;,x H o ri,. e > I si, toc-, r of [) c --s -1 f.', Lx t fa Home Propert Records Ovvner Address Parcel ID Advanced 3415 KERR "E N CURRENT RECORD I of 1 312907.77.0677.000 3415 N KERR AVE WILMINGTON ta Printable summar 2400 RES-Residential IQ Printable Version 10-1 Fam Res 1 3.52 AR-AIRPORT RESIDENTIAL 3.50 ACRES PT LINEKAR FD =� 11� BULLARD JAMES M JR WILMINGTON NC 28405 THE DATA IS FROM 2011 Le Description Tax District Owners Owner cit State Countr Zip Data Cop New Hanover Count [Disclaimefl [Privac Pok Last Updated: 28 ftciV207I 7!* Site Desi Cop 1999-2006 Akanda Group LLC. All ri reserved. Board of Commissioners Meetin 02g6120W2_ I I http-.//etax.nlic ear =no& 12/2/2011 II p i j i Please note that tor q uasi- j udicial proceedin either the land owner or an attorne rnust represent the case at 'its public hearin TEN a a shall continuel"n effect until written notice of revocation b the owner is delivered to'New Hanover Count Thi's the,20P da of lUc ..) 20. A Name, Address, Email & Telephone Si of Owner (s) (Print or T OYN 1 C3 YI 7 o o 3 Fa e. rx Tr e e, 1� � �- .5 n � r ('21 roil C c ? LrAo-feo J ,Cram ----------------- Board of Commissioners Meetin 02/06/2012 10-8-2 ZUornplete Appraisal-Restricted Report of 3415 N. Kerr Avenue, Wilmin NC 28405 Pa 22 AERIAL VIEW OF SUBJECT ............ 0 ............ Board of Commissioners Meetin 02/06/2012 10-8-3 Complete Appraisal-Restricted Report of 3415 N. Keff Avenue, Wilmin NC 28405 Z 0 N't'N" G N I A P us= Board of Commissioners Meetin 02/06/2012 10-8-4 Complete 4° a Wilmin NC 2 8405 Pa 20 Board of Commissioners Meeting 02/06/2012 10 -8 -5 Complete Appraisal-Restricted Report of 3415 N. Kerr Avenue, Wilmin NC 28405 Pa 18 1644 958 WE 91.7 Board of Commissioners Meetin 02/06/2012 10-8-6 Complete yy, Wilmington, r . NC 28405 Pa 19 f w Lei Board of Commissioners Meeting 02/06/2012 10 -8 -7 1NC*A,v H.al,iover Count N ii- or v e r c-i u wt y, Pa I of I 11 CONTACT US I HELP HH, C >'Perui,ste,', u-4 Deeds Nome Home Propert Records Ovmer Address Parcel ID Advanced PARID-2 R03315-002-001-001 BRINSON PROPERTY HOLDINGS LILC Parcel Aft ID 312907.67.7615.000 Address 3501 N KERR AVE Unit Cit WILMINGTON Zip Code - Nei 6241 Class COM-Cornmercial Land Use Code 655-Construction Contractin Livin Units THE DATA IS FROM 2011 Acres .4756 Zonin B-1 -BUSINESS DISTRICT EM Le Description PT LINEKAR TR I Tax District FD Ownem Owner BRINSON PROPERTY HOLDINGS LLC cit WILMINGTON State NC Countr Zip 28405 THE DATA IS FROM 2011 3 501 KERR AVE N CURRENT RECORD I of I Q Printable Summar 9a Printable Version ■ Data Cop New Hanover Count �FD!sdalrnerj ,,,,.Privac Po,"Ic Last Updated: 28 Nov 2011 7> Site Desi Cop 1999-2006 Akanda Group LLC. All ri reserved. Board of Commissioners Meetin O 10612OW http://etax.rihc t e m7—R03315-002-001-001 12/2/2011 Please note that for q uasi- j udicial proceedin either the land owner or an attorne Timst represent the case at lots public hearin 1 1c"Fle% .fin �a�` ��«�+ �� " �� does hereb appoint (Print or T 44 a roa,r% as his/her/Its, exclusive a for the purpose of petitionin New (Print or T Hanover Count for a variance, special use permit, conditional use district, and/or an appeal of staff decisions applicable to the propert described in the affached petition. jt This a a shall continue in effect until written notice of revocation b the owner is delivered to New Hanover Count This the — I , da o f ARE C' 1) "'V- 1 � 2 0 1 "1 , A Name, Address, Email & Telephone Si of Owner (s) (Print or T I I ma Board of Commissioners Meetin 02/06/2012 10-9-2 {,t {, „,t #, �< sl��t� : I�sII { y ! t , Ii, ,� �`�tt } I�f t,�f #s s �� Fj��j i t ' i Z itl� { 1 �{ #�ifS�� t�s j��l�� {� tj }� � t #, �� }� 1 } �t #ji}�� -� i �r`•. - 1 1� #!t � { i2 �� i� t� fr�� I � S i �� 7jls �� *� AFOR REGisTRATIoN REGISTER OF OEM- SE p SMITH NEW � COUNTY, KC Ir 2N7 OCT il 1132 PM BK: 5248 PG - 64-649 FE 111 $ 23. 00 I” "RMARM BY: T. MICHAEL SATTI BRFIELD FLETCHE2 RAY & SATTERFIELD, L120' ATTORNEYS AT LAW MOM I ff, 7 TM DEED, made this 1 Odda of October, 2007, b and between Jack Brinson, Jr., 'and wik Katherine L. Brinson, Grantor, and Brinson Propert HoldJa LLC, a North Carolina inuted liabilit compan Grantee, whose mm"M address is.- 3501 North Kerr Avenue� The desi Grantor and Grantee as used hminshall ftwlude said parties, their heirs, successors, and assi and shall M"Clude sin plural, masculm'e, feminine or neater as re V "11 9 That the Grantor for a valuable consideration paid b the Grantee, the receipt of which 1*011 4meb acknowled has and b these presents does - give, grant, bar sell and conve unto thd a Returned To: Fletcher, Ra & Satterfield, L.L.P. Board of Commissioners Meetin 02/06/2012 10-9-3 U 4" lk mtee m fee simple, all that cotain lot or parcel of Land situated M* Cape Fear Township, New Mn Mw See Exhibit "A" attached hereto and lncorporaftd herein b reference. 11 jq � 11�:!PPL 41111; f'7 Ilk TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all pfivile and v thereto belon to the Grantee In fee simple, a And the Grantor c0velmts with the GrantM that Grantoris sem"d of the pramses am fes 1. 2007 ad valorem propat taxes, k. Applicable restrictions and easements of recorc( All local, count34 state and fadeW laws and re relative to the zorung, orxupancy,, subdivision, usa construction and developmcnt of the described IK WITNESS WHEREOF, the Grantor has hammto set their hands and seals, the da ant y ear first above NM"tten. iq Board of Commissioners Meetin 02/06/2012 10-9-4 1 # Board of Commissioners Meeting 02/06/2012 10 -9 -5 WITNESS m hand and notafial seaL this 10 da of UOe6 tv 2007. Board of Commissioners Meetin 02/06/2012 10-9-6 'U� T Jwiover Count Ne, I New f ('.`,,oart�' ' t I CONTACT US I HELP Home Propert Records Owner Address Parcel ID Advanced 350S KERR AVE N CURRENT RECORD Of .1 Pa 1 of I 312907.67.5635.000 3505 N KERR AVE WILMINGTON A Printable Summar 921 Pritto.,W"enloii ( 1.00 ACRES) PT LINEKAR TR 2 & 3 FD GSSC PROPERTIES LLI WILMINGTON NC 28403 THE DATA IS FROM 2011 Le Description Tax District Ownem Owner cIt State Countr Zip Data Cop New Hanover Count [Disclaimer] (Privac Polic Last Updated: 28 Nov 2011 7> Site Desi Cop 1999-2006 Akanda Group LLC. All ri reserved. Board of Commissioners Meetin 0:�6/2012 htV-.//etax.nhcgov.com/Fonns/Datalets.aspx9.0 t c 12/2/2011 Please note that for q uasi- j oudicial proceedin either the ;and owner or an attorne must represent the case at its public hearin Alf This a a shall continue in effect unt-161 written notice of revocation b the owneris delivered to New Hanover Count '71c or I ro Board of Commissioners Meetin 02/06/2012 10-10-2 I'V zi�l -------- -- f 2! "Zl 7 Board of Commissioners Meetin 02/06/2012 10-10-2 .0 t-7 4 ;141 (Excise TaxAiL,,000.00 Recordin flme, Book and P Tax Parcel R03315-002-001-000 Retum to and Qtrepmred E ALLEN MACDONALD & DAVIS, PT rut STE 102 WILAdaNGTON, NC 28403 After rescordin ni" to: GSSC PROPERTIES, LLC 1508 bM"AISLY CUTOFF RD M 302 W111KINGTON, NC 28403 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WARRANTY DEED X3 SEE EXHIBIT "A" ATrACHED EERRETO AND INCORPORATED &JERMN By IrZEFERENCIEN 1b with all and s4rular the twernents hereditaments appurtenances themunto belon or mian apptrtzinin TO HAVE AND TO HOLD ttie aforesaid lot or parcel of land and aff privile and appurtmianm thavto belon to y` "<` Grantee as tenants b the entiretics mi fec simple their interest , 41 , 11 177"!!" Board of Commissioners Meetin 02/06/2012 10 - 10 " 7"' Prenlises mi fee simple and has the ri to conve the sam in fee simple, his fhIl interest mid that tide is -a- Ida and five and clear of a1l encumbrances, except 2004 ad valorem um, and ordinances and IP J "'buildin w& rest&ilions, if aDY9 and that Grantor will WARRANT and DEFEND the title - t t lawful a of all P ersons whomsoever except for .K. herein stated,, IN-11-ITNESS WHEREOF, the; Gra=r ha hereunto so his hand and seat, the da and y ear first above writtm WN41 AIN : Karl lills 01F, U - 4 'IM-MSS m hand and Notnial Se4 this &� *13POda of Jul 2004. j sll� Board of Commissioners Meetin 02/06/2012 10-10-4 Board of Commissioners Meetin 02/06/2012 10-10-5 LA R " E G' 6 1 S T E r M' 0 k F D E Em m DMOS , NEW HANJOWE Z110 NO n zi U Ua I RT" N' '"REET t i, 77 4" "i i i i L i�l 1t;ll 4 7 7 lb , UP .......... 77777'-'77- " it 77W,7� Ii II Wt�tt ��, Board of Commissioners Meetin 02/06/2012 10-10-6 Drelbelbis, Nicole From: Sent: To: Sub MI Bur Sam Tuesda Januar 17, 2012 8:21 AfO O'Keefe, Chris; Dreibelbis, Nicole IFW: Updated Z-916 Air Elevation SCAN20120113092905.PDF From: Julie Wilse Lmailtw.JWilse affl y 2- Sent: Frida Januar 13, 2012 9-031 AM To,: Bur Sam Cc: Whitne Prease, 'John Lennon' Subject: RE: Updated Z-916 Air Elevation I reviewed the information and compared it to the Airport Hei Zonin Ordinance and FAXs g uidance on land compatible uses. I don"t see an serious, problems with the rezonin re M comments.- Piease call me if y ou need an explanation. Also I would like to know when it g oes before the Commissioner so the i airport will have a representative in the audience in the event there is s,< q uestion. Julie Wilse ILM Airport 910 3414.333 ext 1002 From@ Bur Sam Lm millto:SBum Sentm. Thursda Januar 12, 2012 10:36 AM To: Julie Wilse Cc: O'Keefe, Chris Dreibelbis, Nicole Subject: FW: Updated Z-916 Air Elevation I Board of Commissioners Meetin 02/06/2012 10-11-1 S y ou A k i t s taff r C i !y +.+�(\ r �r t (r �r �r a . m . r r� r `, t t. � _ r�• I}' I, - l enj Y, wi th r r m - r ,� � r i rec n r r r t r -- - r p etitio n r _, r , ) t H ighway Res r , � ' S , I ir -- Ir i r r 1 ;! I I r B u si n e ss Ir A i r p or t r V�kf S} a tt ac h ed r r q -- r r ,., kkt t N �' -- ii _- B ased ! ,ry�1 r , rt ' � ', „r, T, p r ( �r a Y p ortio n so Ir Ip k Er r J s '� 7' � f n k r t } ,r } 7 r �. �� r - lo wi t h e r'._ It \� dt- cr c �� o r " Zon e r t h e - p ro vid e w ? t a ny p tr Er - � 1 � S_... wi i1m. We Ple review r l i t r t G b ase -; r C C n` - c o m me nt s ¢ l effects - - - r e z o n i n g -� Ip, r l I uS t!::: „ c r co m m en ts c I T ues d ay, �} At ,� ,L ' From: Baldwin, Eliza Sent: Thursda Januar 12.. 2012 10:05 AM #' !, ; g r„ fi Subject: Updated Z-916 Air Elevation Eliza Baldwin �X GIS Technician NNew {"i � f= Hanov '%aU'?t�3 ,,1p�tiF 1p,. 11 °*W fte t �'1l�r,,:,,,J�e�t 4 "°�� r} A'Jy;C�T. {"+'� l Wn41X, � k ,r -`k "",}'° � "i x `k t � .�� q t ` }_ �g 1 •, dt"t Alk`Y i��ti: i (� 2 Y€is 'w"�£X `p��v��@ 'R��b 41� d� „€ V"�}j tebW�r�r A � } ��{ c v �,,�:,.1§,P� r� F 1 Rs e. ��;fl ��5 � +a SP� lt�P:}P` � �£ 1U� �ftY,:F6i r'iPka �a; � �tr �`�S�Y {21# �f l 1'w�� fi � K, li � K, X7Pn1kP` & 'I S'm PAPA I�'�i� ;F}°r rY9� � aP S'm. nwv� \`ktutPl �m4z.?F p aAw l � fi�'kURrN �� tsa Gove ��a y ��, r rti r ,u , �� c "�^�v�, �c gyp\ �� k5� � f ,' - +, �taz Ce �ut ,, ,� } \"asaa A P,P aiygr� ;A� r ``i$:z�n�r .ar m€�W., t,�$� W rt l rnl n gt on , C 28403 9 1 0 � 798 0� � w }W11 7 223 k » ,R2 fl f +iSS3 Sfm\i.»i'I rv. \I \iL;1 tfi _. r ., i s r _ r -s , t ,__,_ r __,. r, __ (., i(itt i , , , r }' -, t r r r,r trFS.R4U1 111. 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Board of Commissioners Meeting 02/06/2012 10-11-2 CASTLE HAYNE RD �fk �el to cm %mm , N7'il �j �Wos �� '�� e, :� fi n ; ,. m��" c* N Bolardlof Commis ibnVrs Me i 02/06/2012 10-11-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 6, 2012 REGULAR ITEM: 11 DEPARTMENT: PRESENTER(S): Mike Kozlosky, Executive Director, Wilmington Metropolitan Planning Organization CONTACT(S): Karyn Crichton, Long Range Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Wilmington Metropolitan Planning Organization - City of Wilmington - New Hanover County Comprehensive Greenway Master Plan Presentation BRIEF SUMMARY: Mike Kozlosky will present an overview of goals, objectives, and timeline for the creation of a comprehensive Greenway Master Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 02/06/2012 11 -0