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Agenda 2002 05-06
s AGENDA ~' ~~~pHOVER CD y~ ^~ G i ~ * ,* I~ , ` ~ N9Ji~' IM-O~EXi~ ~~ ~p NORTHCQ' May 6, 2002 5:30 p.m. 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 • ROBERT G. GREERVlCE-CHAIRMAN WILLIAM A. CASTER, COMMISSIONER • JULIA BOSEMAN, COMMISSIONER • NANCY PRITCHETT, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION _ PLEDGE OF ALLEGIANCE - APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS ~ Page TIMES No. 5:45 p.m. L Presentation by the Bomb Threat Task Force 1 5:55 p.m. 2. 6:00 p.m.. 3 ~~ 6:05 p.m. 4 6:10 p.m. 5 6:20 p.m. 6;25[p.m. ~S~O, p.m. -6:35 p.m. 6:45 p.m. ,7:15 p.m. 7:20 p.m. x i 48:00 p.m. vhf ~',~;,.,~~ 1 ._, ..t . . Proclamation Designating May, 2002 as "National Community Action Month" in New 3 ~~~ Hanover County. ~~ Proclamation Declaring May as Foster Care Month in New Hanover County X55" 5 Proclamation Declaring May 5 -May 11,.2002 as Safe Kids Week in New Hanover 7 County Resolution Recognizing New Hanover County as a Participant in the Pilot Program for 9 Rehabilitating Existing Buildings Resolution Proclaiming New Hanover County as a Bicycle Friendly Community and 11 May as Bicycle Awareness Month Consideration of Resolution for Public Improvement Bonds Series 2002 13 Consideration of Request to Designate the Recently Acquired Property on South Third 29 Street the "Shaw-Speaks" Facility 6. 7 8 9. Consideration of Approval to Reschedule County-wide Revaluation from 2004 - 2007 31 10. Convene as Board ofEqualization and Review 33 BREAK Public Ilearin~s: - 11.1 Rezonin>; -Request by Inland Harbour Properties, LLC to rezone 23.58 acres of 37 property located in the 3100 block of Middle Sound Loop Road at Demarest Village from R-20 Residential to CD(R-15) Conditional Use and CD(B-1) Conditional Use Neighborhood Business. (Z-740, 04/02) 11.2 Rezonin~(Cont'd April 1 Mtge -Request by Attorney Alton Lennon for Russell 61 Simmons to rezone approximately 10.1 acres of property located on the North side of Gordon Road in the 6300 block, adjacent to and including Daniel Boone Road from R- 15 Residential to R-10 Residential (Z-738, 03/02) ESTIMATED ~ ITEMS OF Bi7SINESS Page TIMES ~ No. ('~,~5 p.m. l 11.3 Special Use Permit - Request by Dolores Dowless to permit two (2) single wide mobile 65 homes in an R-20 Residential Zoning District located at 4052 Parmele Road, Castle Hayne Community, Tax ID Number 1.809 -002-003-003. (5-482, 05/02) 8:30 p.m. 11.4 Special Use Permit - Request by Dolores Dowless to permit two (2) single wide mobile 71 homes in an R-20 Residential Zoning District located at 4046 Parmele Road, Castle Hayne Community. Tax ID Number 1809-002-003-001 (5-483, 05/02) I!~ ` 8:45 p.m. 1.1.5 Zoning Text Amendment -Request by Planning staff to amend Section 50.5 of the 75 Permitted Use Table to allow Cemeteries by Special Use Permit in the A-I airport Industrial Zoning District. (A-317, 03/02) Non Public Hearing Item: 9:00 p.m. 12, Subdivision Appeal/Administrative Hearing -Request by Susan McDaniel for the 77 Beau Rivage Homeowners Association to appeal the Planning Board's Technical Review Committee (TRC) decision approving the revised preliminary site plan of Beau Rivage and Carolina Green Estates at Beau Rivage. Beau Rivage is located in the 6200 block of Carolina Beach Road, west side. (SA-19, 05/02) 9:45 p.m. 13. Public Hearing: Charter Communications Franchise Agreement 83 10:00 p.m. 14 ~~~ ~, 10:15 p.m ~' 1~'-' 15. ,~~ .~ ~ 0:25 p.m. 16. i Public Hearing: Approval of Street Addressing Standards and Procedures and Adoption of Amended Ordinance, Chapter 47, Article IV, Section 47-109 I. ~ Public Hearing on Application for Rural Operating Assistance Program Funding Consideration of a Moratorium on Performance Residential Developments 123 125 129 10:35 p.m. 17. Meeting of the Water and Sewer District ~ 135 11:00 p.m. U"~~~8. Consideration of Approval of Resolution of Support for Rerouting the Drainage 131 System Proposed for the US 17 By-Pass and Impacting-the Flitch/Foy Creek Watershed in Northeast New Hanover County 05 ~hi'15 p.m. 19. Consideration of Amendment to Water and Sewer Connections and•Plumbing 133 Improvements Revolving Loan Program ,;,~~vs~F" u ~ v Non-agenda items (limit 3 minutes) ~~ Additional Items: County Commissioners, County Attorney, County Manager 11.:30 p.m. Closed Session Subject to the Provisions of G.S. 143-318.11(6) 11:50 p.m. ADJOURN Note: Times listed for each item is estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. MEETING OF THE WATER AND .SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 - ~` • ~ WILMINGTON, NC ' . , ~ ~ ITEMS OF BUSINESS ~ Page No. 1. Non-Agenda Items (limit to 3 minutes) __ ~ _~___-___..___.__ ,_. ~ _ _. 135 2. Approval of Minutes ~ 137 3. Consideration of Approval of Request for Emergency Operation of Greenview Ranches 140 ~~ Water-System ~ ` , 4. Consideration of Construction of Portion of Middle Sound Sewer System to Allow 143 Paving of a Section of 1Vliddle Sound Loop-Road ADJOURN ~' . CONSENT A ENDA G NEW HANOVER COUNTY BOARD OF COMMISSIONERS _ _ _ ITEMS OF BUSINESS - Page No. 1. Approval of Minutes 1.47 2. Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2002 to 149 June 30, 2003 3. Approval to Apply for (SAMHSA) a Substance Abuse Mental Health Services 151 Administration Grant (Federal Government) 4. Approval of a Grant Application to the Environmental Protection Agency for 157 Stonnwater/Water Quality Best Management Practices (BMP's) in Northern New Hanover County 5. Approval to Apply for Program of National Significance Grant from Corporation 159 for National Service to Expand RSVP Funding Level 6. Approval of Resolution Relating to the Sale of Surplus Property Jointly Owned by 169 City of Wilmington and New Hanover County 7. Approval of New Hanover County Contract #02-0327 Buy-Sell Agreement for 173 { Peterson Property Approval of Budget Amendments: 8.1 #02-0172 Juvenile Day Reporting Center 183 8.2 #02-0183 Public Health/Breast and Cervical Cancer Control Program 184 ` ~~~,/ HAI~JOV~R COUIdT'~ B~OAR® OF COMMISS10dVERS REQUEST F®R 80,~RD ACT1®iV Meeting Date: ®5106102 Regular Item #: 1 Estimated Time: Page Number: Department: Governing. Body Presenter: Commissioner Nancy Pritchett Contact: Commissioner Pritchett ____ SUBJECT: ~--_--_:. _. F~resentation br/ the Bomb Threat Task Force BREE'F SUMMARY: The-Bomb Threat Task Force has prepared a report on its findings. Members will give the report and present Public Service Announcments. The Board will be asked to adopt resolution. RECOMMENDED MOTiOiV AND REt3UESTED ACT10i~9S: Hear report and view the Public Service Announcements Adopt Resolution FUND9NG SOURCE.: ATTAG~-tMENTS: I~e?1/! 1~t~,E~ IVflT Rf~L1fRE RE4lIEW ~, COUNTY MA~9AGER'S COMMENTS AND REDOMME~IDATlO~lS; Hear presentation, view the two 30 second videos and consider adoption of Resolution~'~ i _ ,~ COi~1MISSION~RS' ACT10tUS/COMMENTS: "'~',,,,,~ ~\\ _ ~ - ._ , !'Jli~t!' COENMtI®N PROV~~ b~EJECTED A F~EMOVED ~ ~ fr pOSTPONE~ f ~~i:EARi) ~ ,,~. 1~~~~U~'~~~ ~~ '~'~ ~~ ~N~~~~ ~~~JI~T~' ~~ ~' ~~l~II~ISSI~~~~~ '4~~~AS, false bomb threats against our schools and court facilities cause major disruption of their tivork. and ~~~~~~, the making of a false bomb threat is a felony punishable by fines, suspension of driving privileges, and/or prison, and ~,V~I~~~A~, d1e related public costs of a false bomb threat are estimated at $110,000 per incident, and ~~~+ ~+ r~~, the number of bomb threats increased dramatically following the terrorist attacks of September 11, 2001, and ~~~;r~S, a task force was created by fori~ner Wihr!ington Mayor David Jones to address this problem, and W~r~S, this taslt force has created a program of public awareness, NOW, THEREr flRE. BE IT RESOLVED that the New Hanover County .Board of Commissioners condemn false bomb threats as a financial ~~~d wor1L disruption to our schools and courts, and encourage the general public to become aware of the ramifications of such action,. and encourage them to assist in the apprehension of those responsible for such threats. adopted this the 6t'' day of Nlay; 2002 New Hanover County Board of Commissioners ~rr;TE~S~,T,~ CI~~pB~~:~~1~1 L`icie P. HarrelEl. Clerk to the Board -- Ted Davis. Jr., Chairman ~~ --'~; • NE1N HAN®VER COUIUTI( BOARD OF C®MMISSIONE~BS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Regular Item #: 2 Estimated Time: Page Number: Departments Governing Body Presenter: Brenda Thomas, Family Services Manager Contact: Lucie F.. Harrell SUBJECT: Proclamation Designating May, .2002 as "Nationa9 Community Action Month" in Nevv Hanover County. SRlEF SUMMARY: Adopt proclamation.. ' proclamation•communityaction200 • s RECOMMENDED MOT9ON AND REQUESTEi3 ACTTDNS: FUNDING SOURCE: ATTACHMENTS: ~T~1~1/ 13©ES N®T R~t1{.~1RE Rfl/lf~/ ~~ ~~~I ~p~~ouEO DEJECTED 'REMOVED, ~ ~ . POSTPONED ~ ~"'~ ~IEA~;i? ~ ~' ~, ~~ n NEW ~IANOVER COUNTY BOARD ®~ COUNTY COIVIMISS~ONERS WHEREAS; the Economic Opportunity Act of 1965 created local community action agencies; and WHEREAS, local community action agencies were established throughout the entire country to make an essential contribution to the war against poverty by providing a "hand-up" to self- sufficiency, not a "hand-out"; and WHEREAS, New Hanover County Community Action, Inc. has athirty-two year history of promoting family self-sufficiency in New Hanover County; and WHEREAS, individuals and families of limited income in New Hanover County continue to need opportunities which enable them to improve their lives and living conditions, t17us enabling them to live in dignity; and WHEREAS, New Hanover County pledges itself to continue to develop communities in ways to, ensure that all citizens are active and productive participants in their community; 1~OlV, THEREFORE BE IT I'ROCLA~ld~IED by the New Hanover County Board of Commissioners that the month of May, 2002 be declared N~etaonad Community Action 1Vlonth in New Hanover County in recognition of the hard work and diligence of staff, administration and many volunteers of New Hanover County Community Action, Inc. Adopted the sixth day of May, 2002 (SEAL) Ted Davis, Jr., Chairman Attest: ~'~~~` ~~ ~~~ ~,~ ~F,`,.„rn ~ ~~ J Lucie F. Harrell, Clerk to the Board 0 s NEVV HANOVER COUNTY BOARD OF COMMISSIONERS ~ RE(1UEST FOR BOARD ACTION Meeting Date: 05/06/02 ' Regular Item #: 3 Estimated Time: Page Number: Department: DSS Presenter: Wanda Neidig Contact: Wanda Neidig SUB.IECT: Foster Care Month BRIEF SUMMARY: Traditionally, May is Foster Care Month. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of Social Services recommends-that the attached proclamation be adopted by the Board of County Commissioners. FUNDING SOURCE: , N/A . ATTACHMENTS: procfc.wpd REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: N/A HUMAN RESOURCES:. N/A ~~ ~06~ ~PIRR®VE® iii`"~...~ I~EJECTE® ~,EMOVED ~ _ ~ I'bSTPONED ~ ;~E+AR1~ ~ N, .m..4~ r,.~ 2L; NEW HANOVER COITNTY BOARD OF COMMISSIONERS A PROCLAMATION r FOSTER CARE MONTH \ MAY 2002 WHEREAS, foster parents come in ail shapes and sizes, races and colors; some foster parents are _ _ ___ professionals and some are professional foster parents for our special needs children; and WHEREAS, some foster parents are motivated by religious principles, some by civic obligations, all by love of children; and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge tivhile our social workers guide the parents to overcome their problems and deficiencies to provide safe, permanent homes for their children to return; and WHEREAS, the family foster homes are the backbone of the child welfare system allowing children to grow and develop in healthy environments while their families of origin resolve their problems; and WHEREAS, our need for these dedicated persons who open their homes and hearts to other people's children is as great as ever; and WHEREAS, many of our foster parents open their homes to provide safe, permanent, loving homes to children who can never go back to their family of origin and who need a forever home; and WHEREAS, May is singled out as Foster Care Month to be the one month we publicly recognize the tremendous contribution made by our foster parents to the child welfare system and to the lives of children in that system; NOW THEREFORE BE IT RESOLVED 'THAT' the New Hanover County Board of Commissioners in recognition of Foster Care Month, thank all the foster mothers and foster fathers for their commitment to these children. Adopted this the 6`h day of May, 2002 „ 'mod ..,~:,,~,,, a,~v .« -..., . Attest: w'i ~!U"i~i~a,:`~r~ Ct ~~'' ``~'? Lucie F..'Harrell;;C["e~k to the Board ~: Ted Davis, Jr. Chairman NEW HANOVER COUNT1f BOAR® OF COIVIIVIISSIO:NE~S REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 ~~ Regular Item #: 4 Estimated Time: Page Number: .'Department: Health Presenter: David E Rice Contact: David E Rice SUBJECT: Proclamation Declaring National Safe Kids Week May 5 -May 1 1, 2002. BRIEF SUMMARYs The New Hanover County Board of Health, New Hanover SAFE KIDS Coalition, and National SAFE KIDS Campaign supports injury prevention efforts to decrease the unnecessary injuries, disabilities, and death from bicycle and other wheeled recreational vehicles. State law requires bicyclists under age 16 to wear a safety approved helmet on public highways. Unintentional injury is the number one killer of children ages 14 and under. New Hanover County, compared to North Carolina, has a 50% higher number of bicycle crashes at intersections and 40% higher number of crashes due to motorists negligence. The Board of Health requests the County Commissioners proclaim May 5-May 1 1 , 2002 has Nationale Safe Kids Week in New Hanover County. New Hanover- County residents are requested to take action to reduce the number of bicycle and other wheeled sports related injuries in our communities. • RECOMMENDED MOT90N AND REQUESTED ACT90NS: Request County Commissioners proclaim .May 5 -May 1 1 , 2002 as National .Safe Kids Week in New Hanover County. FUNDING SOURCE: N/A ATTACHMENTS: SAFE KIDS Week.doc lTE/V1 DOES IVOT REQUIRE REV/EW • ~ppROVED ~%°~ ~ ~~ ~t,EJEC?ED ~ v REMOVED ~ ~ ~ r~'` =, POSTPONED ~ {~ 4t ; -~y, z }'.EAR i) r'- ,- j CPi/~~ ~~ tr / ~r>,clamr~tifln WHEREAS, unintentional injury is the number one killer of children ayes 14 and under; and WHEREAS, in 1999 more than 382,000 children ages 14 and under were treated in hospital emergency rooms in the United States for bicycle-related injuries; and _ WHEREAS, more than 40 percent of all bicycle-related deaths are due to head injuries and approximately ____-. three-fourths of all bicycle-related head injuries occur among children ages 14 and under; and WHEREAS, New Hanover County, as compared to North Carolina, has a SO percent higher number of bicycle crashes at intersections, and 40 percent higher number of crashes due to motorist failing to yield or bicyclist overtaking a motorist; and WHEREAS, the single most effective safety device available to reduce head injury and death from bicycle crashes is a helmet; and WHEREAS, national estimates report, helmet use among child bicyclists is only 15 to 25 percent; and WHEREAS, every dollar spent on a bicycle helmet saves this country S3Q in direct medical costs and other costs to society; and WHEREAS, the New Hanover SAFE KIDS Coalition and National SAFE KIDS Campaign, with the support of founding sponsor Johnson & Johnson, launches SAFE KIDS Week -2002, "Wheel Safety'', which focuses on the prevention of bicycle-related traumatic brain injury; and WHEREAS, New Hanover County, North Carolina, supports injury prevention efforts to decrease the unnecessary death and disability from bicycle and other wheeled recreational vehicles; and WHEREAS, North Carolina law requires all bicyclists tinder age 16 on public roadways, rights of way, or paths to wear a safety approved bicycling helmet. I3E IT THEREFORE RESOLVE®, that the New I-Ianover County Board of Commissioners do hereby proclaim 10!lay 5 through May 11, 2002 as: NATIONAL SAFE KIDS WEEK in New Hanover County, North Carolina and call upan ail our residents to join us in taking action to reduce the number of bicycle and other wheeled sports related injuries in our community. Adopted the 6°t day of May, 2002 Attest: ~. a. Lucie F ~Hair'ell-, Clerk to the Board ~.~"~~i~ rya ~s 44 i .~ C.n'.. ..t,,..~ Ted Davis, Jr., Chairman -.j ' NEVI HANOVER COUNTY BOARD OF COM11-'IISSiONERS REQUEST FOR BOARD ACTION . Meeting Date: _05/06/02 - Regular Item #: 5 Estimated Time: Page Number: Department:, Inspections Presenter: Jay Graham Contact: Jay Graham SUBJECT:.. ' _ Resolution Recognizing New Hanover County As A Participant In The Pilot Program -.For Rehabilitating Existing Buildings BRIEF SUMMARY: Last year, Susi Hamilton with the DARE organization contacted the County Manager to inquire about our involvement with the new ,rehabilitation code that was approved as a pilot study by the - ~' North Carolina General Assembly on August 17, 2001. The County Manager contacted the Lnspections Department and instructed the department to ..cooperate in bringing this new code to New Hanover County. Our preparation has put us in the position of being one of only twelve jurisdictions that are qualified by the State to administer this new code. in addition, we are an " integral part of the original four jurisdictions (,Mecklenburg County, New Hanover County, Asheville :. and Raleigh) that have worked directly with Mecklenburg County, as the Lead Jurisdiction, and - - New' Jersey authorities to bring this new code to North Carolina. - ' RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board of Commissioners adopt the attached resolution to enable New Hanover County to be a participant in~ the pilot program for rehabilitating- existing buildings within New Hanover County's jurisdiction. FUNDING SOURCE: ATTACHMENTS: . x RESOLUTION RECOGMZiNG-NEW HANOVER COUNTY AS A PARTICIPANT IN THE PILOT PR - /.TfM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS; Recommend approves - r.~nnnn~n n~~w~rr~[~~ nn-r~e n, ~~r innnnnnen~TC. ~~~ ~NiiV~~!® A ' ~lP1PR®VEp` f~~--' ~dEJEC'fED t?.EMOVED ~ ~,. , POSTPONED ~ ,~''~~ "~- - ~i~ARD /~ ~;. f RESOLUTION RECOGNIZING NEW HANOVER COUNTY AS A PARTICIPANT IN THE PILOT PROGRAM FOR REHABILITATING EXISTING BUILDINGS WHEREAS, on August 17, 2001, the General Assembly of North Carolina adopted Session Law 2001- 372, Senate Bill 633 entitled, "An Act to Establish a Building Code Pilot Program for Rehabilitating Existing Buildings," (herein "Act"); and ' WHEREAS, the Act establishes a building code pilot program for the State of North Carolina based upon the New Jersey Uniform Construction Code Rehabilitation Subcode; and WHEREAS, the pilot code is are optional code that may be used in place of the other codes adopted by the North Carolina Building Code Council for use in the State of North Carolina; and WHEREAS, the. Lead Local Jurisdiction, which for New Hanover County purposes is Mecklenburg County, is requi-red to cross reference the New Jersey Code with the .current North Carolina Building Codes without substantive changes to prepare a pilot code and then forward the pilot code to the North Carolina Department of Insurance for comments; and ~ . WHEREAS, New Hanover County may participate as an .eligible local jurisdiction in the Pilot Program to administer the pilot code within the County since New Hanover County was approved on December 9, 2001 to perform local plan reviews by the North Carolina Building Code.Council; and WHEREAS, the Pilot Program may commence on the date the eligible jurisdiction communicates to the Department of Insurance and the Lead Local Jurisdiction that the governing board adopted the pilot code; and ' WHEREAS, the pilot code expires for all participating jurisdictions on January 1, 2006; NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. New Hanover County is hereby declared to be a participant in the Pilot Program for rehabilitating existing buildiiigs~withinthe County's jurisdiction: 2. The Board of Commissioners for New Hanover County hereby adopts the pilot code prepared by the Lead Local Jurisdiction. 3. The County Manager is hereby authorized to communicate in writing. to the North Carolina Department of Insurance and the Lead Local Jurisdiction,.being Mecklenburg County, that New Hanover County has adopted the pilot code for use in New Hanover County. Adopted this 6th' day of May, 2002. ATTEST:'' o t',.< l~}7~Qtf1R~ I~r~N~~t-} Lucie F. Harrell C~~ ` .~ Clerkao the,Board i • ,; Ted Davis, Jr., Chairman ~ z~ ~~ n 0 • IVEVV HAI\!O!/ER COUNTY BOAR® OF COMIVIISSIOIVESS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Regular Item #: 6 Estimated Time: Page Number. Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Resolution Proclaiming lVew Hanover County as a Bicycle Friendly Community and May as -Bicycle Awareness Month. BRIEF SUMMARY: In 1991 the New Hanover County Board of Commissioners recognized the New Hanover County , Bicycle Advisory Committee and recommended membership designations with representatives from the municipalities, law enforcement, education, planning, transportation, commerce and bicycle user groups. The committee has been involved with education and safety programs and presenting ideas, plans, and projects that promote bicycle use to local private and public groups in New Hanover County. In light of these activities, the Committee would like the Beard of commissioners to recognize the County as a Bicycle Friendly community and designate the month of May as Bicycle Awareness Month, Bicycle Awareness Month will be commemorated with a series of bicycle related activities designed to promote safe bicycle use in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the attached resolution proclaiming May Bicycle Awareness Month and designating New Hanover County as a Bicycle Friendly Community. FUPJ`~1NG SOURCE: N/A AT~'!~tyHMENTS: u h- bike .month reso.do /TEM DOES NOT REQUIRE REV/EW COUNTY MANAGER'S C®MMfNTS AND FiE~ Consider approval of the attached resolutior,~ COMMISSIQNERS' ACTIONS/CaMMENTS: ~ r~~ Q~-~i~1~6 ~-PPR01f~D ® ; ~tEJ ECl°Et? ~ ' ' °: F?.EMOVED ~ ~~, POSTPONED ~ ~''" ~~ ~1'EARi7 4 ~' New Hanover County Board of Commissioners RESOLUTION May 6, 2002 WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe and convenient bicycling for both transportation and recreation; and WHEREAS, New Hanover County is committed to promoting the safe use of Bicycles on the County's roads, sidewalks and trailways; and , WHEREAS, education about bicycle safety and maintenance will encourage children and adults to operate their bicycles in a safe manner on all bicycle and shared access facilities; and WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment;. and WHEREAS, a Bike Friendly community is committed to; 1. Good roads: Streets that can be shared by bikes and cars safely and conveniently. Bicycle paths and trails: Paved and unpaved routes where youth and casual riders can bicycle comfortably and safely. Safety conscious bicyclists: Educated and experienced riders of all ages, who share the road safely and confidently, obeying all traffic regulations. Safety conscious motorists: Drivers who are alert to bicyclists and share the road with them. Nell-planned neighborhoods: Neighborhoods that are conveniently linked to promote bicycle travel beriveen homes, schools, stores; libraries, recreational and sports facilities, churches, beaches, and workplace destinations. Traffic regulations and other controls that calm traffic in residential and other areas frequented,by children on bicycles. NOW, THEREFORE BE €T RESOLVED, the New Hanover County Board of Commissioners designates May as Bicycle Awareness Month and that New Hanover County is Bike Friendly and will continue to promote safe cycling opportunities for New Hanover County citizens. This the 6th day of May, 2002. Ted Davis; Chairman Attest Clerk to the Board J `~ • • IVEVV HAIVOVER COUNTY BOARD OF COiVIMI~BIOiVERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Regular Item #: 7 Estimated Time: Page Number: Department: Finance Presenter: Bruce T. Shell & Wanda Copley Contact: Bruce T. Shell ' SUB.3ECT: Consideration of Sale ofi Public Improvement Bonds, Serpes 2002 BRIEF SUMMARY: New Hanover County voters approved a referendum on November 4, 1997 for public improvement bonds of 5125 million for schools and $38.3 million for the community college. Since that time, the County has sold 51 1 1 million of school bonds and 524 million of community college bonds. The attached resolution provides authorization to sell the remaining 514 million of school bonds and 514.3 million of community college bonds. RECOMMENDED MOTION AND REt2UESTED ACTIONS: Approve resolution. FUNDING SOURCE: General Fund ' ATTACHMENTS: RE~/IE}INFO BY: . LEGAL: FINANCE: Approve BUDGET : HUMAN RESOURCE5: N/A ~~ WHEREAS, the bond orders hereinafter described have been adopted, and it is desirable to make provision for the issuance of bonds authorized by, said bond orders; .NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: 1. Pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on September 2, 1997, the Issuer shall issue its bonds of the aggregate principal amount of $14,000,000. The period of usefulness of the capital projects to be financed by the issuance of the bonds is a period of forty years, computed from June 1, 2002. 2. Pursuant to and in accordance with the community college bond order adopted by the Board of Commissioners on September 2, 1997, the .Issuer shall issue to bonds of the aggregate principal amount of $14,300,000. The period of usefulness of the capital. projects to be financed by the issuance of the bonds is a period of :forty years computed from June 1-, 2002. 3. The bonds to be issued pursuant to the bond orders described in paragraphs 1 and 2 of this Resolution shall be issued as one consolidated bond" issue of the aggrdgate principal amount of $28,300,000 and shall be designated "Public Improvement Bonds, Series 2002" (the "Bonds"). The Board of Commissioners has ascertained and hereb}~ determines that the average period of usefulness declared in paragraphs 1 and 2 of this Resoh_rtion is a period of forty years computed from June 1, 2002. 4. The Bonds shall be dated June '1, 2002 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 December 1, 2002 and semi-annually thereafter on June 1 and December 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on June L as follows: Year Principal Amount Year Principal Amount _ 2005 51,300,000 2014 51,300,000 2006 1,300,000 2015 1,300,000 2007 1,300,000 2016 1,300,000 2008 1,300,000 2017 1,300,000 2009 1,300,000 2018 1,300,000 2010 1,300;000 2019 1,300,000 20,11, 1,300,W0 2020 1,300,000 ~~`~"".~~~y'~~ ~r l~f~~~~~) 1,300,000 2021 5,200,000 CG20IE3:~~%°%=~'~~~ 1,300,000 2022. 2,300;W0 '~ ~ ~' § 2 ' Interest will be payable to the 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 ca}endar month (whether or not a business day) next preceding a debt service payment date. 5. The Bonds will be issued in fully registered form b~y means of a book entry system with no physical distribution of bond eer-tificates made to the public. One bond certificate for each maturity will be issued to The Depository.Trust_Compazry, New York,-New- -~----~ York ("DTC"), and imniobilize~d.in its custody. The book entry system will evidence ownership of the Bonds in principal amounts of 55,000 or whole multiples thereof, with transfers of beneficial ownership effected 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 preceding paragraph, and principal of the Bonds will be paid annually on June 1, 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 i~nte~rest 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 ofownership 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. E~ ch 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 payn~rent date in which - ~ event it shill bear interest from such interest payment date, or ('b) authenticated prior to the.first interes 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 UTriited States of America that is legal ,tender for the payment of public and private debts on the respective dates of pavrnent thereof. 6. ~ The Bonds shall bear the manual or facsimile signatures of the Chairman and the Clerk of 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 Nortlr Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary of said Commission or of a representative designated b_y said Secretary and the certif Cate of authentication of the Bond Registrar to be endorsed on all Bonds shall be manually executed- ~.J 3 ~ ~~ 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_ i`1o Bond shall 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. 7. The Bonds and the endorsements thereon shall be in substantially the following form: ~~ 4 " NO. R-$ .. United States of .America State of North Carolina '..____~ _ __ _____._-x...~_COUNTY-OF NEW HANOVER _ PUBLIC IMPROVEMENT BOND, SERIES 2002 -INTEREST MATURITY DATE OF - ~ ~ .RATE ~ ~ DATE ORIGINAL ISSI7E June 1, June 1, 2002 REGISTERED ~~~'NER: CEDE & CO. PRiNCIPAL~SUM: ~ - CUSIP DOLLARS The County of New Hanover (hereinafter refelTed to as ~"County"), a county of the State . - of North Carolina;. acknotivledges 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 Director of the County, 32b Chestnut Street, Wilmington, North Carolina - ~. ~ 2840)1 (the "Bond Registrar"), the principal sum shown above and to pay to the registered otivner hereof, by check mailed to the registered owile~r 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 June 1 or December 1 next preceding the date of authentication to which "interest shall have been paid, unless such date of authentication is a June 1 or December 1 to which interest shall have been paid, in which case from such date], such interest to the maturity hereof being payable on December 1, 2002 and semi-annually thereafter on June 1 and December 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 pati~rnent _-_ 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. . l ~9E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended; bond orders adopted by the Board of Commissioners of the .County on September 2; 1997 (collectively, the ~"Bond Order") and a resolution adopted by said Board of Commissioners or Nlay 6, 2002 (the "Resolution") to . . 5. provide funds to pay capital costs of improving school and community college facilities in the County. 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 ("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 effected on the records of DTC and its participants pursuant to rules and, proceduz-es established by DTC. Transfer of pnneipal and interest payments to participants of DTC will ~be the responsibility of DTC; transfer of principal and interest payments to beneficial owners b_y 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 mattiirin~ on and after June 1, 2013 shall be subject to redemption prior to their stated rnatunties at the option of the County in whole or in part (and if in part from maturities chosen by the County) on any date not earlier than Jtlne 1, 2012, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date. If less than all of the bonds of any maturity 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 $x,000. For so long as a book-entry system with DTC is used for determining beneficial o~timership 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 portions 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 his off ce the books of said County for the registration of transfer of bonds. The- transfer of this bond may be registered only upon such books upon the surrender hereof to the Bond Registrar together with an assignment drily 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 unredeemed principal amount of this bond, of the same maturity and bearing interest at the same rate_ 6 ~~ Bonds, upon surrender thereof at the off ce of the Bond Registrar together with an assignment drily executed by the registered owner or his attorney or Legal representative m 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 bonds of the same maturity, of any authorized denomination or denominations 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: It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the 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 steal] 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 execution by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond [~to be manually signed by] [to bear the facsimile signatures ofJ the Chairman and the Clerk of 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 June 1, 2002. Chairman, Board of Commissioners (SEAL) -- Clerk, Board of Commissioners • 7 CERTIFICATE OF LOCAL GOVERi~1MENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act of North Carolina. Secretary, Local Government Commission CERTIFICATE OF ANTI-IENTICATION This bond is one of the Bonds of the issue designated .herein and issued, under the provisions of the within-mentioned bond order and resolution. - ~~ COIJitT~' OF [~E~~ HANOVER Fi~aance Director, as Bond Registrar By Authorized Signatory Date of Authentication: 8 '~,~7 ~, • ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers lento ~ _ the within Bond.and_irrevocably appoints____.______ _. _ _ _. ,attorney-in-fact, to transfer the within Bona on the books kept foY registratioin thereof, with full power of substitution in the premises. Dated: Si~~ature Guaranteed: NOTICE: The signature to this assignn7ent must correspond with the name as it appears upon the Face of the within Bond in every particular,~without any alteration whatsoever. NO'T'ICE: Signature must be guaranteed by an institution that is a participant In the Securities Transfer Agent Medallion Program (STAMP) or similar program in accordance with Securities and Exchange Commission Rule 11 Ad-15. • 9 ;' / 8. The Bonds maturing on and after June 1, 20] 3 shall be subject to redemption prior to their stated maturities at the option of the Issuer, in whole or in part (and if in part from maturities chosen by the Issuer) on any date not earlier than June 1, 2012 at a redemption price equal to the principal amount of each Bond to be redeemed together with accrued interest thereon to. the redemption date. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected in such manner as the issuer shall -----determine; provided, however, that the portion of any Bond to be redeemed shall be .in the principal amount of $x;000 or some multiple thereof and that, in selecting Bonds for redemption, the hereinafter designated Bond Registrar shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bonds by ~~,000. For so long as a DTC book-entry system 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 ~:vhole or in part, the Issuer shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. Each such notice shall identify the Bonds or portions thereof to be redeemed b_y reference to their numbers and shall set forth the date designated for redemption, the redemption pace to be paid and the maturities of the Bonds to be redeemed. Lf any Bond is to be redeemed in part only, the notice of redemptioc~ shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or .Bonds in principal amount equal to the unredeemed portion of such bond will be issued. O~n or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the principal of the Bonds or portions thereof called for redemption as well as the interest accruing thereon. to the redemption date thereof. On the date Fxed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney' or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption on such principal amount, and the Bond Registrar shall authenticate and deliver to or upon the order of such regisiered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the same maturity, of any denomination or denominations authorized by this Resolution and bearing interest at the same rate. 9. Bonds, upon surrender thereof at the office of the Bond kegistrar together with an assignment duly executed by Che 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 Bonds of the same maturity, of any denomination or denominations authorized by this Resolution and bearing interest at the same rate. ,~ 10 ~~~ The transfer of any Bond maybe registered only upon the registration books of the Issuer upon the surrender thereof to 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.. Upon any such registration of transfer, the Bond Registrar shall authenticate and ,deliver in exchange for such Bond a new Bond or Bonds, registered in the name of the transferee, of any denomination or denominations authorized by this Resolution, in an aggregate . ---' principal amount equal to the unredeemed principal amount of such Bond so surrendered,__of_the _ - same maturity and bearing interest at the same rate. ~~ In ~ all cases in -which Bonds shall be exchanged or the- transfer of Bonds shall be registered Hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time. Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Bond Registrar. The Issuer or the Bond Registrar 'may make a chase for shipping and out-of-pocket costs for every such exchange or registration of transfer of Bonds -sufficient to reimburse it for any tax or other goverrunental charge required to be paid with respect to such exchange or registration of r1-ansfer, but no other charge shall be made for exchanging or registering the transfer of Bonds under this Resolution. 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 (1 ~) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close o.f business on the day of such mailing or of any Bond called for redemption in v/Hole or in part _ pursuant to this Resolution. As to anv.Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute o~~ner thereof for all purposes, and payment of or on account o:f~ the principal of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such pa;,~rnents sHall be valid and effectual to satisfy and.discl~largc the liability upon such. Bond to the extent of the sum or sums so paid. The Issuer shall appoint such registrars, transfer agents, depositaries or other agents and make such other arrangements as may be necessary for the registration, registration of transfer and exchange of Bonds and for the timely pa`anent of principal and interest with respect to the Bonds. The Finance Director of the Issuer is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of the governing body of the Issuer to appoint another Bond Registrar, and as such shall keep at leis office at 320 Chestnut Street, Wilmington; North Carolina~28401, the books of the Issuer for the registration, registration of transfer; exchange and payment of the Bonds as provided in this Resolution. 10. ~ The Local Government Commission of North Carolina is hereby requested to sell the Bonds and ~to state in~ the Notice of Sale of the Bonds that bidders may name one rate of ~~ interest for part of the Bonds and another rate or rates for the balance of the Bonds. The Bonds shall bear interest at such rate or rates as may be named in the proposal to purchase said Bonds which shall be accepted by said Local Government Commission, provided that the net interest cost to the Issuer shall not exceed 5.50°io. ~~ 11. The Chairman and the Clerk of the Board of Commissioners and the Finance Director of the Issuer are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the Bonds and have the Bonds endorsed and authenticated as provided herein and to deliver the Bonds to the purchaser or purchasers to whom they may be sold by said Local Government Commission. 12. The Official Statement dated on or about April 26, 2002 setting forth financial and statistical data in connection with the offering of the Bonds (the "Official Statement") is hereby approved. In connection with this approval, the Board of Commissioners of the Issuer has examined copies of the Off cial Statement and has,. to the extent and in the manner it has deemed necessary, discussed the contents thereof with officers of the administration of the Issuer. The Board of Commissioners of the Issuer does hereby recite that, upon its examination and discussions, nothing has come. to its attention which would lead it to believe that said Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein; in the light of the circumstances under which they were made, not misleading. The Chairman of the Board of Commissioners, the County Manager, and the Finance Director of the Issuer are each hereby authorized to approve changes in such Official Statement and to execute such Official Statement for and on behalf of.the Issuer. 13. The Issuer covenants to do and perform all acts and things perz~litted by law necessary to assure that interest paid t~~n the Bonds be and remain excluded from gross income of the owners thereof for federal income tax purposes. 14. The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide: (aj by not later than seven rrZOilths from tl-~e end of each fiscal year of the Issuer, to each nationally recognized municipal securities information repository ("NP~MSIR") and to the state information depository for the State of ?~lorth Carolina ("SID"), if any, audited financial statements of the Issuer for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended, from time to time, or, any successor statute, or, if such audited ,financial statements of the Issuer are not available by seven months from the end of such fiscal year, unaudited financial statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be delivered within 15 days after such audited financial statements become available for distribution; . (b) by not later than seven months from the end of each fiscal year of the Issuer, to each NRMSIR, and to the SID, if any, (i) the financial and statistical data as of a date not earlier than the end of such fiscal year for the type of information included under the heading "The County - Debt Information and - Tax Information" in the Official Statement relating to the Bonds (excluding any information for overlapping and underlying units) and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the audited financial statements referred to in (a) above; 12 {c) in a timely manner, to each NRMSIR onto the Municipal Securities Rulemaking Board ("MSRB"), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material:. (1) principal and interest payment delinquencies; ____~. _ ___.(2)_ .non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial . difficulties; (4) unscheduled draws on credit enhance~merits reflecting financial difficulties; (5) substitution of credit or.ligl.iidity providers, or their failure to perform; - ~ (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) .modification to the rights of securities holders; (8) bond calls; (9) defeasances; IU release, substitution or sale of ro ert ~ securing re aliment of the Bonds O P p 5 ~ P (I:1) rating changes; and (d) in a imely manner, to each NRIvISIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual ~fnancial information described in (a) or (b) above on or before the date specified. . If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the r;~hts of all beneficial owners with respect to such undertaking, including an action for specific perfor?nance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. -All actions shall be instituted, had and maintained in the manner provided in this paragraph for the~benefit of all benef cial owners of the Bonds. The Issuer reserves the right to modify-from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that any such modification will be done in a manner consistent with Rufe 15c2-12 issued under the Securities Exchange Act of 1934, as it may be amended from time to time ("Rule 1~c2-12"), and provided further that: • 13 -~ ~. (a} any such modification may only ~be made in connection with a chan~e~ in circumstances that arises from a change in legal requirements; change in law, or change in the identity, nature, or status of the Issuer; (b) the information to be provided, as modified, would have complied with the _ requirements of Rule 15c2-I2 as of the date of the Official Statement relating to -- the Bonds, after taking into account any amendments or interpretations of--Rule 1 Sc2-I2; as well as any changes in circumstances; and (c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this resolution, as it may be amended from tune to time; at the time of the amendment. Airy annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section 14 shall terminate upon payrrlent; or provisions having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds. I5. The blanket Letter of Representations between -the Issuer and DTC is hereby reconfirmed. 16. The Chairman and the Clerk of the Board of Commissioners; the County Manager, the .Finance Director and the other officers of the Issuer are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statel~~~ents, certificates;. documents or other papers and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this Resolution and the matters 1lerein authorized. 17. The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Internal Revenue Code of 196, as ~amendedapplicable to the Bonds is hereby delegated to the Chaiman of the Board of Commissioners and the Finance Director of the Issuer. 14 The motion. having been du9y seconded, and the resolLition having been considered, it was adopted by the following vote: AYES NAYS: . * - ;g k ;k - .'~ y ~ - ` ~ 1 J ., {This page intentionally left blank} NEW HAIVOVER COUNTY SOARD OF COIVlIVI1SS~ONERS REQUEST FDR BAARD ACTON ~~.~ Meeting Date: 05/06/02 ~~ Regular Item #: 8 Estimated Time: Page Number: - Department: Legal Presenter: None Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: Designate the Recently Acquired Property on South Third Street the "Shaw-Speaks" Facility. SRIEF SUMMARY: The African Methodist Episcopal Zion Church, through Bishop George E. Battle, Jr., has requested - that the County retain use of the name "Shaw-Speaks" to designate the property located at 710 and 716 South Third Street, The proposed name recognizes the services of two bishops prominent in New Hanover County history. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider name request. FUNDING SOURCE: ATTACHMENTS: ,. Yes. REVIEWED BYs LEGAL: Approve FINANCE: NIA BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: - Recommend retaining the name "Shaw-Speaks" for the Juvenile Day Treatment Center. Retaining the name would acknowledge and. recognize the two Bishops apd the AME Zion Church for their past contribution to-New Hanover County and the region. , COMMISSIONERS' ACTIONS/COMMENTS: ~~~''~~ ~~ - e~PPR®VEID DEJECTED Q r; REMOVED ~~. POSTPONED ~ `' ~~ `..~ ~i',EARi~ ~ ~. a . ~~ Eastern I`~Torth ; '«r~~~~~~~ ~~.t~~iscopal District `~.. The Flight Reveiend George E. Battle, Jr. Mrs. Iris Miller $artie presiding Bishop lblission~ary Ssspervzsor - ; - ~~ , __ .. _ _ , ---- - April 10, 2002 -- --- - , Ms•. Allen O'Neal _ __._ i ' County Manager, New Hanover County 320 Chestnut Street, Suite 502 Wilmington, NC 28401-4091 Dear Mr. J'Neal, I am writing this letter first and foremost to express my gratitude for the excellent job you are doing on behalf of the citizens ofNew Hanover County as County Manager. It was an honor and a privilege to witness first-hand your professionalism and energy during our recent transaction in which. the Shaw-Speaks Center was sold to New Hanover County. The commitment you have to improving the lives ofthe citizens ofyour community is commendable and I laud your efforts. I look forward to working with you in the fufure as I too have a great interest in the New Hanover County community and our beloved State. I am also writing this letter to make a request. I implore you to consider retaining the name "Shaw-Speaks" for the facility purchased by your citizenry. Both Bishop Shaw and Bishop Speaks \ were bishops in the African Methodist Episcopal lion Church and, at ,different points in their careers, proudly claimed New I-Ianover County as part of their episcopal areas. These Bishops, who are both deceased, loved your. community dearly and made remarkable contributions to the community. Their most marked contributions were clearly made in the field of education. Both these men are known nationwide for their visionary commitment to educating the children of this country, and, New Hanover County stands as a shining testament to their legacy. Retaining the "`Shaw-Speaks'' name for the facility would be not anly a tribute to these giants, but also to all those individuals who played a part in making New Hanover County the national leader it is today. I hope you and the New Hanover County Board of Commissioners will consider this request at your next meeting. Again, it has been a pleasure working with you and I hope this marks the commencement of a long and fruitful relationship between us. May God bless you and the ,..:wonderful; e(nligh)tened citizens of New Hanover County. . ' t~ F`r"'~j~ Sincerely, . ,~~ KK ~` ~~~~ -~,B3s~lop=George~E~. Battle, Jr. ,'~ i~l ~ .~l, ' ~ o, .~ GEBjr:jmj ~-f~,~rt{,~rv.u 6.~~3.3 f~'cri +~-e% yc° fast t,~,e izirt~dom of God, cznd his right~~oars;zes, srrul all t~.~e~~se t{un~;s auz~l he added ztrato yna6. ~;vo i~arst Ur~i~r ~cncer ~ 30l S. Tryon street, st.ii~ 1755 Q ~;ha~lotte, i~I~ 2c~+202 ~ 1 h€~ne: 704133"~-7600 ~ fax: 704/343-3745 NEW HAIVOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 ~' Regular Item #: 9 Estimated Time: Page Number: Department:. TAX • Presen#er: Robert C. Glasgow Contact: Robert C. Glasgow SUBJECT: Consideration of Approval to Reschedule C®unty Wide Revaluation from 2004 to 2007 BRIEF SUMMARY; tl~~`~,~,« ~+>' ~ ,, ~:; } ~'P,'~.,~;-•~1~ NC General Statute 105-286 requires counties to conduct acounty-wide revaluation o.f jal_I,,real property every .eight years. During the January 18, 2000 meeting the Board approved conducting r , .r•.'J~.~,~:.i the next .revaluation effective January 1,• 2004 and then conduct the revaluations on . a 4 ,year cycle. ~ "~ r.:~:~ r:.,;~'~+ Sales ratio studies are conducted by the North Carolina Department of ;Revenue for every county each year. Sales ratio is a comparison of property tax values and thie -sale-prices of- randomly ~ _ -__ selected .properties sold during the year. This study is a key indicator of property tax values in • relationship to the prices currently being paid for property. County-wide revaluations should be scheduled when it is evident that property values have increased or decreased to a ievei,that the tax burden in not evenly distributed. Currently, waterfront property values have continued to increase while most other areas had a downturn in 1999 and 2000 and are now rebounding. Much of this can be attributed to economic conditions. The sales ratio study conducted for New Hanover County for 1999 indicated property values had `, changed by-1 .26% or 98.74% of market value. In tax year 2000 it changed by-3.69% to 95.05% of market value and 2001,2.03% from the previous year to 93.02%. The past three years, this study ha.s indicated a very minor change of 6.98% of market value with the release of the 2002 study. With such a minimal. amount of change it would not be cost-wise to conduct a revaluation i n 2004. Another reason to delay the reval is the indication from the IT department that our current computer system needs to be replaced. The current system was installed in 1988, but with the evolution of more advanced computer technology it is becoming cumbersome, costly to maintain and in the future may became obsolete. The replacement of a new tax software system is castdy and must be planned to coincide with a revaluation. Other ..counties that tried to replace their software program in anon-revaluation year had major problems with incompatible property values and system down times. It is also anticipated that by delaying the revaluation, the cost of replacing the tax system will be deferred from next year's budget. Anew system is estimated to • cost anywhere from 5400,000 to 5600,000 and would be purchased incrementally starting in 2004. Revaluations take approximately 2 1 i2 years to complete and will be done in-house by our appraisal staff, New Hanover County was the first county in the state to conduct an in-house revaluation. To hire an outside appraisal fiirm to conduct a revaluation would cosy between 5500,000 and 5750,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the Board. approve a resolution to conduct the 2007 revaluation o real property in New Hanover County and conduct future revaluations on a 4 year cyct~--'J'am' FUNDING SOURCE: • 1 ATTACHMENTS: QY~~ ,~ ~,~,, ,a JF~GTE9 MOVEQ G~ ~~ ' ;~': ~OSTPONEQ, ~. ~ n .~ , 1TFM DOfS NOT REQUIRE REV/EW NEVI/ HANOVER COUNTY BOAR® OF COIa/iM1SSIONERS REQUEST FOR BOARD ACTION Meeting Date. 05/06/02 ~~ Regular Item #: 10 Estimated Time: Page Number: Department: TAX Presenter: Robert Glasgow Contact: Robert Glasgow SUBJECT: Convene as Board of Equalization and Review BRIEF SUMMARY: Convene as the Board of Equalization and Review and follow the procedures as attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: E&R agenda.wpd e&r2002appeals.wpd ITEM DOES NOT REQU/RE rREV/EW • J~ ~0 ~•' v • HM~i11-F~7~'ii91N . APIPROVED r~-~°... q' f~EJECTED ~ ..dry REMOVED ~ ~' POSTPONED ® ' ~ ' / ~YEARfJ '' .~ Recommended Agenda BOARD OF EQUALIZATION AND REVIEW May 6, 2002 Convene as Board of Equalization and Review -- as AI)VERTISEI) Designate Chairman -- Since the Board of County Commissioners acts in lieu of a separate Board of Equalization and Review, it is suggested that Chairman Davis serve as Chairman. Oath -The oath will be required for only new Board members. Recognize that listings are being entered into the records as rewired by statute. Enter into minutes the identity of know apt~ellants -- the Tax Administrator will provide the Clerk with a listing of property owners who have submitted written appeals. The Administrator will receive all duly filed appeals until 5 P.M. on this meeting day. Recognize and record appellants who are present -Name of Appellant -Identity of property by owner's name and parcel number -Brief statement of grounds on which appeal is made (Suggest none-minute limit) -Require written authorization from the owner for an agent to appeal on his behalf (~ (Administrator has standard form) (IF A SHOWING OF HANDS INDICATES TOO MANY APPELLANTS APPEAR AT TFIIS TIME, SUGGEST THE BOARD ANItiTOUNCE THAT "AI'I'ET.I,ANTS LINE UP AT THE DESK GUTSII)E 'T'HE MEE'T'ING R®®M, AND THE TAB ADMINISTRATGR'~VII,L. ~EC~I~.~Y.~JR DESIRE Tt~ APPEAL. Y()U ~VIi,I~ BE N®TI~IEI~ GE THE HATE ~T4Ay, yr ,''/ ~~-4....'a.u4~ ANI~~TII~VI~E,~F~'R ~'®L1 TG AP$gEAR") Decide. when~t~he~~B©ard will schedule individual hearings -- To conclude business, allow _._ approx~imately~one~month for the appraisal staff to accumulate data necessary to support tax value;~and to a'1`1'ow; sufficient notice to taxpayer to attend or be represented. Statute 105-322 A all_o,.ws for this longer period of time if necessary to a "proper execution of [its] responsibilities." The appraisal staff will accumulate taxpayer and tax office data, and will-provide such to the .Board on Wednesday prior to, the next E&R meeting. Adjourn -- This concludes the determination of appellants to the Board of E&R. The board will meet further only to conclude business which has been brought up at this meeting. 3'~ • • • As of this date, Apri124, 2002, the following appeals to the 2002 Board of Equalization and Review have been received by the TaY Department. This list is subject to change. 1. Erkes, Axel A. Patti S. R07112-001-00~-000 2. Fehr, Robert Warren R07908-003-055-000 3. Lawing, Richard Ann 4. Mollozzi, John D. Rose Marie R09200-001-239-000 . R0~ 17-010-001-000 ~,. { 'his page intenti®nally left blank} ~~ IVEU1l HAiVOVER C04JfVTY BOARD OF CON9M1SS90IVER6 REQUEST FOR BOARD ACTION • ~ Meeting Date: 05/06/02 , - Regular Item #: 1 1 .1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUB,lECT: Rezoning Case Z-740, 04/02: R-20 Residential to CD{R-15) Conditiona! Use and CD.(B-1) Conditional Use Neighborhood Business BRIEF SUMMARY: The petitioner is requesting a zoning. change from R-20 Residential to CD(R-15) Conditional Use R-1 5 Residential and GD(B-1) Conditional Use Neighborhood Business. The. proposed conditional use site plan is consistent with the Traditional Neighborhood Style Development that has become a popular trend in the Planning and design disciplines. If developed under the current R-20 zoning, the subject property is permitted 45 residential units. Under the proposed R-1 5 rezoning, the property can accommodate 59 tatal units. Therefore, the net increase in dwelling units is 14. In conjunction with the residential development, the applicant is requesting a Conditional Use Neighborhood Business Rezoning and special use permits to create "Demarest Village Square." This 2 acre portion of the .Demarest Village Master Plan would accommodate small .neighborhood scale services and shops built around plazas and courtyards. The "Village Square" part of the site plan shows a membership swim club and six, two story buildings with a dormered third story. One' of the benefits of the conditional use zoning process is that provided the petitioner agrees, the County Commissioners can impose additional conditions that can be incorporated into the Special Use Permit. Several sections and policies in the comprehensive plan recommend this type of development as a preferred style of land use. Based on the consistency with the comprehensive plan, the additional pedestrian and open space connections .provided for the Middle Sound Community, and the conditions proposed by the petition Staf# recommends Approval. . RECOMMENDED MOT1flN AN® REOUESTED .ACTIONS: The Planning Board voted 4-2 to recommend approval ofi the conditional use rezoning Frith conditions. One Board member, agreed that it was a good project in the wrong location. Another - member supported the Commercial portion but voted against the increased density. FUNDING SOURCE: N/A ATTACHMENTS: ~ - 24 Attachments and 1 Notebook ~® /TEM DOES NOT REQU/RE /iEV1EW . ' ~E,lEC'fED ~/~. COUNTY MANAGER'S COMMENTS. AND RECOMMENDATIONS: - t~MOVED ~' ,y~, `~~~ ,POSTPONED ~~~`~;•~_~ , COMMISSIONERS' ACTIONS/COMMENTS: 1'~ARiJ ~ ' tt' .~ .. ~~ CASE: Z-740, 04/02; APPLICAitiT: Inland harbour Properties LLC REC,~UEST: R-20 Residential to CD(R-15) Cond~itionad Use Residential and CD(B-1) Conditional Use ~ieighborhood Business ACREAGE: 23.8 Acres LOCATION: 3100 Bdocl: of 1~liddde Sound Loop Ro~Bd iai front ol• ~Jemarest Village LANt~ CLASS: Resource Protection -'t'he purpose of the Resource Protection class is to prop-ide for the preservation and protection of important natural, historic, scenic, wildlife_ _ and recreational resources. The Resource Protection class has been cle~~cioped in recognition of the fact that New Hanover County, one of the aiaost urbanised counties in the State,'stiil contains,nume~-ous areas of environa~~ei~tai or cultural sensitivity e~~hich merit protectio€i from urban land uses. Residential densifiy shall not exceed 2.5 units per acre. PL~Pdl'vIhTG I~OAtZD REC®iVIyI~NI)ATIC~N =~/11/02: The petitioner reviewed the history of the project and presented his conditional use plan referencing policies in the New Hanover County Comprehensive Plan which support this type o~f development. The petitioner also reviewed the conditions recommended by staff a!~d presented some me~t~~ods to accomplish those conditions. The p€ti-ti~:~A~•~-,~~~+n~er; ~V-a;ter ~ilaslrre~-iewed the traffic impact analysis and gave a brief explanation of howthe project would recapture trips within the Middle Sound area. Several people spoke in opposition to the request. After some discussion the Planning Board asked Dr. Cahoon a Professor of Biological Sciences at ZINC Wilmington to comment on the stormwater management system at the proposed project. Dr. Cahoon stated l;is support forthe project and endorsed the quality of the storimvater system in place at Demarest Village. After further discussion the I'lannitag ~oar•d voted -1-, to recornt~end approval of the conditional use rezoning of ith the canditioris outlined below. One Board member agreed that it ~~--a~s a good project in the wrong location. Another member supported die Commercial portion but voted against the increased density. ~'rohused conditions: All 1 ~ conditions proposed by the applicant shall apply to the conditional use rezoning. 2. Uses within the development shall be restricted to the attached list of uses with minor changes as noted and the specific buildings designated in the application for these uses, ~. The additional 14 dwelling units shall not be built•until after the completion of the village square; ~. The developer shall be required to provide sidewalk improvements along Middle Sound Loop Road and intersection and circulation improveme~lts at Ogden Elementarv~School. The Planning Board recommends usingthe following criteria to accomplish condition nuiiiber 4: A) Upon approval of the application as presented, the applicant shall donate his Landscape Architectural services to assist Bill Hance of the New Hanover County Schools to execute the required site design, engineering and construction documents for the Ogden School Campus at no cost. The applicant at no cost to the New Hanover County Schools or to The County shall ~-°w- ~~~ ~w~n~engage~th`e~civil engineering services of a mutually agreed upon Civil engineering company to ~..~ .~~..aa~~,.: ~ ~re~, t ~ r !~ E :G G ~'~ l assist`mahe execution of these documents to the satisfaction of New Hanover County Schools. Bj~ , ~~'I ~~a'~d'd'it`i'on to the preparation of the Middle Sound Loop Road Enhancement Grant for a 1t~ ~si~d~ew~a~lk` and the sidewalk improvements proposed in the application; the applicant shall ~. r I coo is~ruct a sidewalk on Middle Sound Loop Road from Demarest Village Square to the Queens ~~P~omt a'~Providence neighborhood entrance. This minimum improvement shall be installed ~~~ - prioc~'to~receiving a Certificate of Occupancy for the Demarest Village Swim Club or the fast ~-- - Phase of fhe Village Square. C) The applicant shall pay an improvement fee to the Ne~~~ Hanover County Schools based on • gross leasable area within the Village Square at a rate of 51;22] .~0 per 1,000 square feet of ~. _ gross leasable area for circulation improvements at the School STA~~ Sd,T~1M4,RY: The subject property is surrounded by a variety of residential zoning districts including R-15, R- 20, R-2OS; and is within close proximity to an R-10 district. Sandybrook a^ adjacent subdivision was developed under the R-15 zoning district guidelines which allows for a variety of lot sizes with a maximum density of 2.~ units per acre. Middle Point and South Point subdivisiota adjacent and east of the subject property «-ere developed under the R-20 zoning district guidelines, which allows a variety of lot. sizes with a maximuh~ density of 19 utlits per acre. Providence, Dei~Sarest Landing, and~Timbet~ Cree~~~ ~~ - ~-- all located across Middle Sound Loop Road with frontage on Howe Creek, were developed under the R- 205 zoning? district ~~,hich is limited to detached dwellin~7s requiring a minimum lot size of?0.000 square feet. In 1970 when zoning in the Middle Sound area was established; most of the area was zoned R-1 ~ Residential. Durinff the early to mid 1980's the Middle Sound community experienced significant Growth. The Middle Sound/Oaden Future Directions plan was the result of a study that focused on the traffic, the environiment, and the development that was occurring at that time. A result of the recommendations from that study was a mass rezoning of property in Middle Sound from R-1 ~ Residential to R-20 and R-20S tivhich was adopted in July 1988. The subject property is located on the he-=der of the rezoning effort and is directly adjacent to an R-15 residential district. In~spite of that rezoning effort Middle Sound like other parts of the County has experienced continued growth throughout the last decade. The Wilmington New Hanover County CAMA Land Use Plan Update adopted September 7; 1999 established policies for growth and development throughout the City and County which support better land use solutions that mitigate some of the negative effects of sprawl. The policies specifically support traditional neighborhood development which is intended in part to mitigate some of our traffic concerns by locatit.g and integrating neighborhood level services within close proximity to the neighborhoods which they serve. The petitioner is requesting a~zoning change from R-20 Residential to CD(R-15) Conditional Use R-1~ Residential and CD(B-1) Conditional Use Neighborhood Business. The proposed conditional use site plan is consistent with the Traditional ~'eighborhood Style Development that has become a popular trend in the Planning and design disciplines. Tf developed under the current R-20 zoning.. the subject property is penmitted d~ residential units: Under the proposed R-15 rezoning, the property can accommodate ~9 total units. Therefore; the net . increase indwelling units is 14. The additional units would be dispersed throughout the site to provide a mixture of home sites incorporating townhomes with small courtyards, row homes with shall yards and single-family homes with larger yards. Although the proposed zoning allows additional density, the petitioner has maintained 46% of the site as open space with a series of parks. The open space includes 2.5 acres. of undisturbed natural area and three parks, which incorporate active and passive recreation including a ball field. All~of the open space is linked through a network of sidewalks totaling almost 1.25 miles. In conjunction with the residentia( development, the applicant is requesting a Conditional Use Neighborhood Business Rezotling and special use permits to create `'Demarest Village Square." This 2 acre por=tion of the Demarest Village Master Plan would accommodate small neighborhood scale services and shops .built around plazas and courtyards. The "Village Square" part of the site plan shows a membership s«~im club and six, two story buildings with a dormered third story. Buildings 1,2, and 3 are part of the Residential district but would be utilized for residential and non-residential uses that are typically either permitted by right or by special use permit within any R-15 residential district (see . attached list of uses). Any of these special uses will have to comply with any additional restrictions imposed on certain special uses within residential districts. Uses within the other 3 buildings of the village square are also limited~by the attached list of Ltses. All of the buildings within the Village Square will also be subject to the Demarest Village Home Owner Covenants gild Restrictions, which includes architectural design controls. As described in Ureat detail by the petitioner in the "Demarest Village blaster Plan Compendium;" the site plan layout and the proposed uses are all part of a traditional neighborhood design which is an attempt to achieve a more desirable living environment than otherwise possible using conventional patterns of development. The applicant's petition to rezone this property to conditional use R-15 residential and conditional use B-I Neighborhood Business not only incorporates and enhances the Demarest Vi1.la~e Couununity but also embraces the entire Middle .Sound Communit~~. T.17e_pl:oposedvi1lage square would provide an amenity for all residents within middle sound by providing «oods and services that are not otherwise available without leaving the community and entering the commercial corridors a(on~i Market Street and Military Cut Off. The petitioner's traffic impact analysis su~~~?e~sts that this proposed village square ~~~ill reduce the vehicle trips entering and leaving Middle Sound by approximately X00 vehicle trips per day and remove 1,680 vehicle trips a day from the Market Street and Military Cut Off Road corridor by internally recapturing vehicular circulation within Middle Sound. In addition to alleviating some of the traffic issues in Middle Sound, Demarest Village ParkJopen space system and pedestrian facilities will also be open to patrons of.the Village Square providing another amenity for the residents of the area. One of the benefits of the conditional use zoning process is that provided the petitioner agrees, the County Commissioners can impose addtional conditions that can be incorporated ~n tie pecia use Permit. As part of the application, the petitioner has presented a list of col~ditions that can be~added to the conditions of the special use permit. Among these conditions is a requirement that the petitioner will assist in assembling the required application and design services, at no cost; for an enhancement grant to NCDOT regarding sidewalk improvements on Middle Sound Loop Road from Ogden School to Demarest Village Square. The concept ofintroducing a neo-traditional neighborhood composed of a mixture of housing coupled with some light retail may prove to be a positive example for other traditional communities ill the County. This type of development also lends itself to less traffic congestion within the community and encourages more human interaction. Several sections and policies in the comprehensive plan recommend this type of development as a preferred style of land use. Based on the consistency with the comprehensive plan; the additional pedestrian and open space connections provided for the Middle Sound Community, and the conditions proposed by the petition Staff recar~lmends A~~prov~al. !`l ,~{ Case: ~-7~0, 0=1/0? Special Llse Permit for: a restricted list of uses in a Conditional ~1se R-lS District and a Conditional LJse k3-.1 ~_ District. Preliminary Staff findings 1. '~'qae board must find that the use e~s-ill Fiot materially endanger the public health or safety if located dvhere proposed and developed accor-di~3g to-the plan as submitted and approved. ,~. ~hhe subject property is located within t~~e Ogden VFD. ~. The site is served by a city water system and County Sewer C.~ Stormwater mana~einent has been provided including routing fqr the 2~ year storm event. 2. 1'he Board must find tiaat the use meets all required conditions and specifications of'the zoning ordinance. A. ~ site plan which meets the requirements of the zoning ordinance has been submitted. I3. Additional covenants and restrictions for the development apply to the Special use permit. __ C'. ~1rle~n~ate.~~arkina is av~~ila~b~ on the property. 3. The Board must find that the use dvill not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed plan incorporates ~ parks and open space totaling over 10 acres. The Village Park which is approximately 1:3 Acres is for use by Demarest Villa~ze Residents a~~d patrons of the Village Square. B. The plan aiso adds desirable convenient nei~~hborhood services within the community which may add value by recapturing vehicle trips and alleviating some traffic concerns. . 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in ~rvhich it is to be located and in general conformity with the plan of des~elopment for Ne}v lrianover County. A. The proposed development style is co«sistent with other upscale neighborhoods within Middle Sound. B. The site is classified as resource protection by the New Hanover County Comprehensive Plan and is within the urban growth boundaries. The purpose of the Resource Protection class is to provide for the preservatio~l and protectionof important natural, historic, scenic, wildlife and recreational resources. Residential density of 2.~ units per acre are permitted. Planning Staff Concerns: 1) All of the conditions proposed by applicant shall apply to the conditional use rezoning. 2) Uses within the development shall be restricted to the attached list of uses with minor changes as noted and the specific buildings designated, in the application, for these uses. 3) The additional 14 dwelling units shall not be built until after the completion of the Village Square. 4) The developer shall be required to provide sidewalk improvements along Middle Sound Loop Road and intersectio^ and circulation improvements at Ogden Elementary Sehoo] • ~/ "a ~~ a i~w DEiv ARE, T VI LA .E Qu ,JS ~ia'~~ ~iui~ln9$I ~;S E A ~ B C 1 PERi'11iTTED USES CD R-15 I CD B-1 2 IA ricutture, Forest , Fishing I I 4 I I i 5 'r~Construction I I 6 (Special Trade & Gen?rl Cortractcrs With No Ou~tsid? Stcraoe f I P ~ I I i 8 j trans rtation, Co+-rrmunication, iltilities I I 9 'iCommunicaticn Facilities D~ ~ ~~j ~,.. .~+, lc n+~ I S I p ~ 10 I I ~ , ~ I 91 (Retail Trade I I 12 !A caret and Acc2sso Store I I P 13 iConvience Food Store witho;.~t gasoline sales I S I P 14 (Eating and Drinkin Places without drive u;7 windo•,~sl I P 15 IFumiture, Home Fumishi . s & EquiQmert I I p 1S (General ti1?chandise Store and Handcra, ' Sma!I A, ~ic!es I I p 17 Hard~nzre and Mice'lanecus Re~il 8 Shecs I 18 I .I .,_ 19 lFinancin .Insurance, Rea! Estate I I 20 Banks, Credit Aq?nci?s, Sa•Yings & Loars and S?rrces I I p 21 i I I 22 ~Servicas I I 23 (Business S?r,~ces Inc!udin Prirrtin (a iers onl• I I P 24 25 Ilnsurance, Real Este, General Business (Law, Engir,eernq, Architecture, Medical, Qe^tal I ~ I P I p 26 _ Laund 8 Dr C4~.znin (Pick uo onh ~ I I P 27 (Membership Sports & Recreation Clubs I S I p 2`; (Parks ar~d Recreation ~ o I P 29 IFersorl Services, C!cthinq Alt?rations, Shoe P,?cair I I p 30 IBeaut Salons, Barber Shoce, Licensed Professional T'neraaists I I P 31 I I 32 (Health I 33 IAduR Day Care I S I 3-i (Children's Da Care I S I F 35 (Community, h'eetinq & Events Center I g I 36 (Nursing & Perrar,al Care Facilities- I S I 37 IResider;tial Care -- I P 1 I 38 I I 39 jEduca-tionai Services I I 4D jPrciessioral Schcas & Technical Instriu~ticr~ i S I 41 (Elementary and Seccridar Schools public & privet?) I P I 42 (Libraries ( P I P ~ I I I I 44 IMembershi Qrganizations I I 45 (Churches i F I P I 46 ILcdoes, Frtemal ~ S~;zl Or~ni~ticns I S ! P 47 I I , I 43 Other i _ I 49 ~A~sory Buileincs or Uses Inciden'•.al to the Feral^`d Use I p I 50 ISinci? Fami D~>4p!lina dc-taG~~d) ~ ,~ i I 51 IDuolexes and~Single Family Tcti•mhome (a:~chc~; I ,; 52 (Dwelling-Unit Ccrtained 4Vtthin Prircicel Use .I 53 HOme OrvllG3t1C;1 o i 54' OifICeS tCf Pfi`i2i2 QUSIReSS u PrgteS510nai ActPrrtz< I ! 'J 65 IPhotograoh Studice, Art Galleries and Studice I I P 56 MusiaV~deg Production 5tudics I P 57 Princical Use Sian I I P 68 I Rec~•clin Facilities, Snail Collection I I P 69 Outdoor Bazaars excludrnq Yard Sales I p I p 60 Christmas Tree ~ Punkin Sales 1 I p 61 S „ial "rund raisin For Non-Profrt Oraaniv~atians I P I r 62 Maii Services p 83 ( Private Transportation Facilities ~t,.l: yp/ j~,.,pp,.~ I p 6933 Running Broo': Terrace 1~,'i!mington, NC 28411 1-91U-6S ~-9767 (O) I-9i0-b8o•9716 (F) ~°° `~ l Case: Z-7~0, 04/02 ~~~~tio~ ~~~~~~~-y ~t~ Owner/Petitioner: Scoit Stewart for Inland Harbour LLC Listing Land Use: Residential Zoning History: area initially zoned in May, 1970 -adjacent property to southeast was zoned R-20 in July. 1988. Water Type: City Water _ _._ _ Setii~er Type: County Se~i~er Recreation Area: Ogden Park, Park space also provided ti~ritl~in proposed Denlarest Village Master Plan Access ~~ Traffic Volume: Intersection of Market Street (46;000 ADT) and Middle SoLUid~ Loop Road (11.000 ADT) (1999 ADT) Dire District: Ogden Watershed & Water Quality Classification: Pages Creek(SA) Aquifer Recharge Area: Shallow Water Table (Sand Aquifer) Conservation/Historic/Archaeologic Resources: Noi1e Soils: Mostly Stallings & Rimini Septic Suitability: Class II (Moderate Limitations) c~ Class I (Suitable) Schools: Ogden ~~ ~' DB~IAREST V~iLLAGE April. 15 ; 2002 i°Jf~~'ei1QI~.A.NT~U`1l7 To: Baird Stewart. From: Scott Ste«rart Re: Demarest Vikla<.;e The attached Additional Conditions_ were presented to the Planning Board at the April 1 1, 2002 meeting. Please note these conditions were agreed to be implemented ~to address item # 4 and waiver of the condition specified in item # 3. To clarify the record, the additional fourteen units are dispersed by providing the opportunity to have one (1) residential unit in each of the six Village Square buildings and eight units to be dispersed adjacent to The Hollow Park area to the rear of the neighborhood. The flexibility of the plan also provides the ability, if in the later years of the Village Square, all vertical floors are occupied by office and./or retail, the current site leased by the Wilnungton Country Day School could be partially subdivide to accommodate additional Row House Homesites, depending on the success of the use of the leased school property. The partial subdivision of this parcel would consider the parking needs of the proposed program and would not encumber the adequacy of sufficient parking for the Village Square. The additional fourteen units comply with the density allocation under the Comprehensive Plan and furthermore provide the economic ability to provide the conditions attached. to the approval. Also, I am certain, in the early years o~'the Village Square, B-1 uses will require a subsidy of rent to establish this new patter. The additional fourteer} ul~s will assist in providing these opportunities. l^J 6933 Running Brook Terrace Wilmington, NC 28411 • 1-910-686-9707 (O) 1-910-686-9716 (F) J~I~l~I1~1+ S'I' V~~~;v•r~~~I'1['~I~~:~I, C~1~1DI'~'IOI~1S In response to the Staff Summar<~ and the Preliminary findings of Fact specifically the Planning Staff Concerns items 3 ~ 4. I respectfully request for you to remove item three concerning the "additional dwelling units shall not be built until after completion of the Village Square "due to the following reasons and additional conditions requested to be added to the -- -,------.__.._.-_ . __ application: i. The Village Square contains buildings which provide 2 1/2 r`loors of vertical mixed use. It would be anticipated that one or several of theses . buildings will contain a residential unit on the upper floors. In order for the building to function properly in this program and not remain vacant in the upper floors in the initial years of the Village Square, a rental residential unit maybe entertained in the in the -first buildings constructed. This is ' allotted within the requested density allocation of R-li and is allowed in a new ordinance for B- l . 2. Upon approval of the application as presented, I will donate my Landscape Architecture sen~ces to assist Bill Hance to execute the required site design, engineering and construction documents for the - Ogden School Campus at no cost. Bill Hance mention that his entire project would cost $270;000. Estimate for engineering services are typically approximately 10°,/0 of that cost or 527,000. If required, I will . engage the civil engineering firm of Wrightsville Engineering to assist in the execution of the documents to the satisfaction of New Hanover County Schools, at my cost.. 3. In addition to the preparation of the Middle Sound Loop Road Enhancement Carant for a sidewalk. and the sidewalk improvements. .mentioned in the application, I will commit to constructing a sidewalk on Ititiddle Sound Loop Road from Demarest Village Squure to the queens Point and Providence neighborhood entrance on Middle Sound, Loop Road should the enhancement grant no be accepted. 'T'his minimum improvement will be required to be installed at the time I recieve a Certificate of Occupancy for the Demarest Village Swim Club. 4. In discussions with the. Planning Department, I will agree to the standard commercial impact fee recently employed in a like kind approval. I deferto Baird Stewart with the New Hanover County Planning Department . concerning this requirement. . • ,~ ~~ DEIviAI2EST VILLAGE ~'etition for C®nditidnal €7se ~€~irairg District ~lassi~res~'Lic+ra 1. I~o~v would the requested chunge be consistent with t}ae ~ourty's Policies for gro~vtla and Deveioprnent? -- Demarest Village directly com~rlic~ '~iyt- `1-~ rolla~virtg Policies of the Comprehensive Plan adopted September 7, 1999: 1.1 ~ Comprehensive Plara Section II. Executive Siemmary Re.siderTticrl Neighborhood Developrner~t 'The Plan focuses on modern residential development designs and options for Traditional Neighborhood Development with narrower tree lined streets and sidewalks that emphasize a pedestrian orientation and scale. Diverse housing types and lot size are encouraged. Public spaces such as formal public parks, village greens are desired features in the Plan. Demarest Village accommodates the true spirit of Traditional Ne.iuhborhood Design. The majority of the streets_aresarro~enn ~~~°y, +=°° 1~^=~d streets with parallel parking and sidewalks. There are a total of 53 homesites, which can be expanded to 59 homesites, which vary in size from 25' X 130' to SS' X 130' accommodating a mix of detached Single Family, attached Townhomes, detached Row Houses all with rear services lanes for garages. The homesites are linked by sidewalks and greenways to Demarest Village Square, a pedestrian friendly business service facility for Demarest Vilial7e residents and the surrounding maturing nei;~hborhoods of the iVliddle Sound Community.. There are three formal park features in the plan: the Village Park servicing Demarest Village Square patrons and Demarest Village residents; The Village Green (passive recreation) and Hollow Park (active recreation) servicing Demarest Village residents. ./ 6933 Runuin; BrookTerrace Wilmington, NC 28411 • 1-910-686-9707 (o) 1-910-686-9716 (T} ~~ I3Eiti'IAREST VILL,j,GE . 12. Cotnpreherrsr~~e Platr ___`___ - ------_._._ -_-- . Section II Execzrtive Szenrmery Lirrkirrg Pedestrians I-'rierzdly Bzrsirress cttd Residential Development 'The Plan envisions concentrating business and residential developmenf in nodes, ,while retaining open sp""ace. The business nodes would include highly accessible Linked pedestrian friendly commercial centers, surrounded by mixed density ' residential neighborhoods. Moving out from these centers the residential densities , would decrease." Demarest Village is centrally located within the.southern portion of~~iddle Sound Loop Road surrounded by established and maturing mixed density neighborhoods of R-10, R-15, R-20 and R-205. The Demarest Village Plan contains a minimum of 45% open space while concentrating the residential and commercial uses. in . nodes linked with greenway sidewalk corridors. Demarest Village Square provides Pedestrian friendly business services to the mixed density residential program of Demarest Village, the southern comdor residents of Middle Sound Loop Road and including neighborhoods of R-10 (Brandyvvine); R-i5 (Sandybrook, Queens Pointe), R-20 (diddle Pointe, South Pointe, Stoney Brook), R-205 (Demarest Landing) and R-20 {Providence). Reference Section 5, °'Development Program" of the ~~Iasterplan Compendium" 2. ~o~v 3vould the requested Lotae change be corgsiste~at ~vitli the property's ~' - classificntion on the Land Classificataon I~Iap? Comprehensive Pkin Conservation acrd .Dei~elopmetrt -Physical Plrnr "Residential densities may not exceed 2.5 units per acre for the non-urban service area composed of :Limited Transition; Comrriunity; Rural; Conservation; and Resource Protection." ' Demarest Village is located within the Resource. Protection classification of the Land Classification Map. The proposed residential density for Demarest Village of 2.5 units per acre is consistent ~,~ith the Resource Protection Classification. Reference Section 5, "Development Program" of the Masterplan Compendium ' 6933 Running Brook Terrace `r'/ilming~on, \C 28411 • i-910-686-9707 (O) 1-910-686-9716 (F) ~~°'~ DEt~?AREST VILLAGE 3. T~ait~t sig~~:ij""acn~at nPig:tbor~tood changes '~rr~~e occr~„ed.ta ~taake tine ari~i~rl , ---.-- za~ra~eg i~app~•o~ria~~; o; ~~oiv ~~ e~ie l~nd~ in ~~~ive~l aarssuitra 'e o, = ae :uses permitted under the ,~~istin~ zo~ai.r~~ The Demarest Village site was originally zoned R-1S. T1-le 1987 ~~1iddle SoundlOgden Future Direction Land Use Study was the catalyst which down zoned the Demarest Village site from R-15 (2.S units per acre} to R-20 (1.9 units per acre) in 1987 "Significant neighborhood changes have occurred" since 1987 "to make the original zoning inappropra.e" (R-20). In particular, the 1987 Land-use-1?'~r----- recommended that the Demarest Village site be do`vn zoned from R-15 to R-20 in response to.lack of available infrastructure to minimize the impacts on the site. Furthermore, it was desired to reduce density to control traffic impacts from the 1200 acres available for development in 1987 and congestion at the Middle Sound Loop Road access to Market Street. At the time of the 1987 study Market Street was a two lane, unsignalized intersection. The zoning change from the existing R-20 to Conditional use R-1S and \ Conditional use B-1, classification requested for the.. Demarest Village site, is appropriate due to the significant neighborhood chances which have occurred since the 1987 Study which down zoned the Demarest Village property from R-1S {2.5 units/acre) to R-20 (1.9 units._per acre) including: 1. .Since 198 7, the 1Llarket Street/I~iiddle. Sound Loop Road intersection is signalized and Market Street zvas widened to four lanes. 2. Since 1987, there have been five (S} constructed access roads to Market Street to service Middle Sound: Wendover Lane to Darden and Oyster Drive, Middle Sound Loop Road, El Ogden Drive, Covil Farm Road. ;. available land for development in Middle Sound has been reduced from 1200 acres to -/- 200 acres realizing 20% of the land remains for development. 4. The Middle Sound population, has significantly increased.. 5. The Demarest Village site is now s.er~•iced by all infrastructure improvements to service the intended uses. 6. The site is centrally located and, due to it's geographic location, accommodates a permitted stormwater pond providing the ability ~~F 69.13 Runrlrg Brook Terrace Wilmington, NC 28411 • 1-910-686-9707 (0) 1-910-686-9716 (F) DEMAREST i%ILLA:GE for the land to provide a higher use than presently zoned R-20 . _ .. _T______-____._ ----classification that could provide services to the benefit the health, safety and welfare of the Middle Sound Community. The intended use could eliminate significant amount of traf-fic trips onto Market Street from the Middle Sound community by providing services for the Community "internally" within Middle Sound. The land improvements associated with the intended uses would be serviced by the stormwater,pond to mitigate environmental impacts while providing the Village Parlc, a park space available to the middle Sound Community. , •~- 7. The proposed site-~r~~~s-~~1~-the criieria established after the 1987 Study including: A) Comprehensive Plan adopted 917/99; B) Concepts of the Mixed Use Ordinance adopted 7118/00 C) Concepts of the I~TCD®TlT ND Guidelines adopted 7/00 D) Concepts of the. Stormwater Ordinance adopted 9/5/00 Reference the following sections in the Masterplan Compendium :Section 5, 16 Reference the following Master Plan Drawings: 2, 3, 4, 5 ~. ~,ist proposed conditions grad restrictions t1Yrt ivouid rnitib~zPe trite irrapt~cts off' tyre proposed use.• - T~,g following conditions and resfirictions-have been incorporated into the _ Demarest Village Conditional Use Masterplari to mitigate impacts to the e~sting community and. environment: Reference the following sections of the Masterplan Compendium: Section 2 (Special Use Permit), 5, 19, 20, 21 4.1 The site shall be a minimum of twenty two (22 acres). 4.2 I he site shall be located on a corner of two {2) intersecting public roads 4.3 The site shall be centrally located on a generally symmetrical, straight, public road comdor one mile in length with a minimum ROW width of 50' - and a minimum ROW of 60' fronting the site. 5933 Running Brook Terrace Wilmington, \C 28411 • 1-910-685-9707 (O) 1-9i0-686-9715 (Fl a ~~ DE:~IARE5T VILLAGD 4.4 The site shall be adjacent to established and developing mixed density -~ - neighborhoods with a minimum of 600 homes/approved homesites within a 3000' radius of the proposed business ser<~ice uses of the site. 4.5 Less than one acre of the site. shall contain 100 year flood plain and/or 40=? wetlands restricted to be used for open space and recreation purposes only. 4.6 The site must be actively developing and permitted at the time of application by all applicable required jurisdictional agencies to receive all available infrastructure to accommodate the proposed uses constructed in +~, „I,a~oa °~~uer~e proposed. 4.7 The site must be permitted to accommodate a stormwater detention basin design to accommodate a l0,year storm.and routing fora 25 year storm to sen~ice: A) the commercial, business services portion of the site, B) 25% of the proposed residential program of 2.5 units per acre. C) Best iVlanagement Practice shall be performed in accordance the Stormwater Ordinance Adopted September 5, 2000. 4.8 The site must comply, with the Wilmington-New Hanover County CAMA Land Use Plan Update & Comprehensive Plan adopted September 7, 1999 incorporating Residential Neighborhood Development focused on _ _ __ Tr~~it'^n~l ~TAighhorh~d Design and Linking Pedestrian Friendly Business and Residential Development to proposed and existing community neighborhoods. 4.9 The site must incorporate street. design concepts as recommended in the Traditional Neighborhood Development Street Design Guidelines manual adopted by North Carolina Department of Transportation adopted July/August 2000 4.10 The site must provide a minimum of 35% open space unencumbered by environmental constraints. 4.11. The site must provide a minimum of 15% open space accessible to the ~tiddle Sound Community which shall accommodate parks, sidewalks, membership recreational facility and commercial services unencumbered by • 6933 Running Brook Terrace Wilmingon, NC 28411 • 1-910-686-9707 (O} I-910-686-9716 (F) ~~= • a • DEiN1AREST VILLAGE flood plain and located at a minimum elevation of +f- 2S above sea , level . -- ---___.-_ __~__ _ _.- _ _ .-. ,_- 4.12 Size, scale, mass, horizontal and vertical alignments of the proposed . subdivision and uses shall conform specifically to the plans submitted, the Design Guidelines and the Demarest Village Community Association Covenant and Restrictions of record, at the time of application and modified to comply with the intended -uses of this application. 4.13 Permitted uses, .other than residential, shall be limited to a sixteen (16) hour day not to ex,cod lOPM Sunday through Thursday; l~-Pl'~I ~'^~'^•` ---- -- - and Saturday; 1A1~1 December 31 involving a scheduled event for the Iti~iddle Sound Community. - 4.14 Demarest Village Square hours of operation shall be staggered to mitigate vehicular. traffic congestion at the Ogden School Intersection until a, solution is provided and installed by NCDOT. 4. l~ Inland Harbour Properties LLC will assist in assembling the required application and design services, at no cost, regarding an enhancement grant application to NCDOT regarding sidewalk irriprovements on Middle Sound Loop Road from the Ogden School to Demarest Village Square. 4.16 Inland Harbour Properties LL-~~p~n~u*~o~a~a~vf all applicable jurisdictional agencies, will construct 300 linear feet of a 4' wide sidewalk on the south side of Middle Sound Loop Road adjacent to Demarest Landing which will connect to the Demarest Village neighborhood. 4.17 Inland Harbour Properties LLC, upon the authorization of all applicable jurisdiction agencies, will construct SOO linear feet of a 4' wide sidewalk on the west side of Harlendale Drive within the °~Iiddle Pointe neighborhood to accommodate tiliddle.Pointe residents a sidewalk corridor along Harlendale Drive to Demarest Village Square 4.1 S The following permitted uses shall be allowed in accordance with the plans: (follo~,ving page) Reference Section 14 of the Masterplan Compendium 6933 Running Brook iernce ~G'ilmington, NC 23411 • 1-.910-686-9707 (0) I-910-646-9716 (F) ~" ~~~ / ``'\ 4 e ,1,jU i ld iljS ~ ~ i n9 5l DEitiA RE T VI !'E w~'i~ ~;S 6 D C 1 iPERMITT>=D USES (CD R-15 I CD (B-1 2 IA ricutture, Forest , Fishin I I 3 iJeterinares i I 4 I ------- ------- _----- I ___ I 5 jConstruction I I 6 IScecial Trade 8 General Cor~~actors With rio Outside Stora e I i P 7 I I I 8 (Transaortaiion, Carmunication, Utilities I 9 communication Fa:.il?yes ~ e4 d+.e( ¢:' ~ ^"^"•* )I S ( P 10 I ~ I 11 ;Retail Trade I 12 ~,pcarel and Axesso Stcre I I P 13 iCcnrience Fcxd Store without gasoline saves I S i F 14 IEatin and Drinlcn Places vrithout drive un windcwtis) j I P 15 IFumiture, Home Fumishi s 8 E uioment I I P 16 (General hiechandise Store and Har,dcrai~rq Small Articles I p 17 _ jHardxare and Mice!laneou5 Re'wi18 Sho __ ~__ -I- ~- is l I i 19 IFinancin , Insurance, Real Estate I I I 20 ,Banks, Cred:t Agencies, Sa4ings 8 Lcars and Services I I P I 21 I I ( I 22 (Services ( i j 23 jBusiness Services Including PrintinG woiers only) I I p 24 jlnsurar,ce, Real Esw±e, General Business I i P 25 1)w J/, Engineering, Archit°rture, Mzu'iczl, ~~I I I P 26 ILaund,^ 8 Or C[~.~ninq (Pick uc on ~ I I P 27 Iltiembershic 5wr's 8 Recr~on Cubs J S I p I 23 (Parks Ord P.°c,-ea~~cn I P I P I 25 jFersonal Senrces, Clc',hinq A,fter-ations, Shan P,e.:zir I j P j 30 (Beauty Salons, Bar`~r 5hocs, Licensed Professicral The2oists I I P 31 I I I 32 I Hea ft h ~ ~ I I 33 W,duit Dav Care I S I 3-3 j Children's Cav Care I S I P 35 ( Common'; , hieetinq & Events Center g I 36 I Nursina 8 Persanal Care Facilities ~ I-- - S I 37 P,~idential Cam -- P j 3s I I I 39 ; Educational Services I I 4-0 j Professional S:,hoois 8 Technical InstP;u~tiors I S I j 41 I Elemert~, 2nd Se~ndar Schools (ouo!ic 8 rn~,el I P I 42 i Libraries I P I P ~ I ' ~ I ~ IMe~-~bership Organizations ; ~ I I 45. !C~~uriies i I 45 iLcdces. al :: Sccizl Or ~-n~;Jcns g _ I ;7 I I ;3 IQther _ ~+~ ~r"+"`"'~S r/ C1 UI(ding5 Of US2S 1nCIdP.nfai i~ ii'~° p -~ ~J5_ ~0 '$inGle F'am~N Cfie!iino (d2`?::; r8d? - 1 Duciex?s and Singie Farrh~ Tc„shame (a-c,^~) -- iu,vewr,,n un.z ~cr„~:nea vvrnrn ~ nu::..~I Usa I ~3 IHc~~~e Oceu:,~;ion ~ p 54 !O..ices for Prr'.aie Business 8 Proiessioral Acsrites I p 5~ Pi~C:tOg2Ch Srudice, Art Galleries and Siudics I I P 56 hiusiGY~d~ FrocluC,ion Studies p 57 Prinucal Use Sion I P 53 IReVvc!in Facilities, Srrall Ccikc;ion I ! P E9 (Outdoor Ba`-aars exc{uding Yard Sales I P I P 60 iChristmas Tree 8 Pumkin Sales I j p 61 Spe~•ial Fund raising For Non-Profrt Orcan;.~atio*;s I P I P 62 ihlail Services ; - p; 63 jPri~'e Transoortalion Faciliies F~~ y~/ny,.,~,~ ~ P ~ ~, i a G93~ Ru.7-~i~r~Broo'.:T.rr~._ 1,i~n:ir~un,?~~'?i;?jl ~ I-9!')-GS~-~ii:'(Q) I-9i(j-5~=_ ~~7G((- - ; • DEMAR~S'r vILL~GE . Special ~1se Permit ~'eraea~al ~erluirerraent fr1 ~ dae hoard pvcust fi~ad "that the use will not rnatea~iaily endanger tlae public health ®~ safe$y if located where proposed Head level®ped according to the plan submitted grad _~. _ approved". - ' Reference Masterplan Compendium Section 5, 1 S, 1 b, 17, 1 ~ • ' Demarest Village is a neighborhood of diversity with proper "allocation of sufficient land for all desirable land use types" proposed, wovemamong a "flexible and innovative site plan". The "uses" assist to "minimize dependence on the automobile by changing the land use patterns" to "allow higher density where .adequate infrastructure exists and where natural conditions will not be adversely effected". The plan also offers a broad diversity among housing alternatives along the same street riot available in the Middle Sound . Conmunity which contribute to econo;nic and social health by providing diversification am ;;gig residents with a neighborhood pattern. Public safety and health will be enhanced by providing °'comrnunity open space, recreation and cultural facilities for present and future needs". Demarest Village is centrally located within the existing Middle Sound Community and immediately accessible to over X00 homesites within 3000' of the site. Demarest Village Square and the Demarest Village Swim Club provide commercial and recreational services "linking pedestrian friendly .business and residential development" immediately accessible to the MiddleSound Community by walking, cycling or a short trip by car. Presently all commercial uses, and the ma;ority of recreational uses, servicing the iti~iiddle __ Sound area are located along the Market Street corridor approximately two (2) miles by street from Demarest Village. The design criteria for Demarest Village will provide - selected "uses" to service the existing neighborhood fabric which will minimise vehicular trips in and out of the Middle Sound Community. The Demarest Village land use pattern iv~ll enhance the community's environmental health by reducing the length of and/or removing vehicular trips which contribute to the areas pollution. Enhancement of resident safety will be realized by reducing the existing and future vehicular trip patterns of the community 6933 Runni*~g Brook Terrace LLilmington, NC 28411 • 1-910-b86-9707 (0) 1-910-686-9716 (F) ~:~~ L~EMA~EST :VILLAGE ----- -- taeraereal requirerraerat #2 77ae ~osard ~ra>dst~find °°t6aat the use rraeets all required eosasliti®~as tared speci,~cr~tioras of t3ae ,~oraisag (hdirtance; " Statement by Applicant: Demarest Village meets the required conditions and specifications of the I\Tew Hanover County Zoning Ordinance Section 59.7 Conditional Use District. Conditional Use Distri~t- ~9.7-1 Purpose: The Conditional Use Districtprocedaare is established to address situations tivhere land use would be consistent with the New Hanover County I,czrad Use Plata and t11e objectives of this ordinance but none of the general zoning district classif cations which >-voacld allow that use are acceptable. The land use is consistent with the i'~Te~v Hanover County Land Use Flan. The I~emarest Village Plan il-lco>'porates combining Conditional Use R-17 performance criteria with Conditional Use B-1• criteria to replace the current R-20 zoning district designation Reference Masterplan Compendium Section 5, 15 This procedure is irateraded primarily for use with transitions between zoning districts of very dissimilar character (e.g. R-1~ arad B-2) where a particular use or uses, with restrictive conditions to safegarard adjacent land uses, can create a more orderly transition benefiting all affected parties grad the community-at-large. It is not intended as a routine sa~bstitute for the general rezoning procedure, or for frequent use, because creating a large number of such specialized districts can lead to excessive administrative complexity grad great difficulty in maintaining corasisterat and_predictable land. use policies. ~. Reference Masterplan Compendium Section 1, 5, 15 This procedure is intended only for voluntary proposals submitted in the names of tlae owners of all property included ire the petitiota,~application. Reference Maste lap Com endium Section 4 20 IP P , • 6933 Running Brook Terrace Wilmington, NC 23411 • 1-910-686-9707 (O) 1-910-686-9716 (F) This procedure is intended only for firm development proposals, arzd shall trot be used for tentative projects aa~ithout definitive plans. Reference Masterplan Compendium Sections 5-21 Reference i~~asferplan Drawings 1-1 S Statement by Applicant: The design, detail and criteria of the site plan documents accompanied by the supportive documentation nrczvid`~a "fi~rl development proposal" with "restrictive conditions to safeguard adjacent land uses to create a more orderly transition benefiting all affected parties and the community-at-large". X9.7-2 Uses acrd Development Regzairemerats (1) Only z~ses allowed by right or by Special Use Permit in the corresponding General Use District are eligible for Conditional Use District consideration arzd any such use within a Corrditiorurl Use District shall , as a mijzimum requirement, satis~~y~ all the regulations of the corresponding General Use District. - Reference Masterpian Compendium Se~-tion 1, 5, l~l Reference Itilasterplan l~raw-irlgs 7 - 1 S , (2) T~'ithin a Conditional Use District, no use is allowed except by Special Use Permit, The Permit may sped additional conditiorzs'and requirements which represefit greater restrictions on development and use on a tract than the corresponding General Use District regulations, or other limitations on land which mcry be regulated by state law or local ordinance. Such conditions and requirements shall not specify ownership status, race religion, character or other exclusioruary .characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their purpose, and shall relate rationally to rnalt-ing the Permit compatible with the New Hanover ,County Land Use Plan, the requirements for a Special Use Pernrit acrd other pertinent regz~iremerrts of the Zoning Ordinance, and to securing the public health, safety, morals, arzd welfare. Reference Masterplan Compendium Section 1, 5, 14, 19, 20, 21 Reference. Masterplan Drawings 7-15 693 Running Brook Terrace Wilnungton, IrTC 28411 • 1-910-686-9707 (d) 1-910-686-9716 (F) "°''~ ~y-,1 DEMAREST VILLAGE 59.7-3 Petitionl4pplication /1) - --Who may Submit ----- -- _ _ _-- - Conditional Use District petition/applications may be sztbmitted attly by all real property included in the petitiotz!application. Reference Masterplan Compendium Section 1, 4, 20 (2) Content Each Conditional Use District petition/application shall include a complete Special Use Permit application satisfying the regrriremertts of Article VII, -- ...._ . rovtstons j-or Uses Allowed as Special Uses" and a. rezoning petition containing the following general and site plan information for the tract to be rezoned. a- Tract Boundaries and total area and location of adjoining land parcels rnzd roachvays: Reference Masterplan Compendium Section 3, 5, 6 Reference Masterplan Drawings 2 - 10 b. Existing Zottirtg of the Tract and neighboring Pat•cels rntd proposed tract :.Or11I1g: Reference Masterplan Drawings 2, $ c. Proposed use of Irntd, structures rntd other improvements. for residential rises, this shall include number, height, type of units and site plait outlining area to be occupied by each structure rntd/or subdivir~d lot boundaries. For. non-residential uses, this shall include approximate -- square footage and height of each structure, an outline of the area it >vill occupy and the specific purpose for which ,it will be used: Reference Masterplan Compendium Section 5, 14 Reference Masterplan Drawings 8, 10-15 6933 Running Brook Te.•-race Wilmin~on, NC 28411 • 1-910-656-9707 (O) 1-910-686-9716 (F) ~~ - A DEMAREST VI3.L,A~~ ~? '. ~-Developme3~t schedule includi~~g pr©r~ose~l przc~sing: . ~, Reference IVlasterplan Compendil~m Section-5 . - .Reference Masterplan Drawings 9 e Traffic and parking plan to include a statement of impact concerning , local traffic near the tract, proposed right-of--way dedication, plans for access to and from the tract, location, width and right-of-x-cry for internal - ..: streets and location, arrangerne~azzd-a^ ~~ c r a~srons fc; park-arlg - _ . areas: -~ Reference Masterplan Compendium Section 5, 6, 1 ~ . Reference l~fasterplan Drawings 8, 10 f. all existing and proposed easements, reservations; required setbacks, - rights-o, f-way, buffering and srgncrge: Reference Masterplan Compendium Section 3, 19 - Reference.Masterplan Dras~zngs 8, 10, 11, 12-15 g. The one hundred (100) year flood plirin liner Reference ~asterplan Drawings 6-~ ~h..~ ~ Location and sizing of trees required to be protected under Section 67 of the zoning Orditaanee. Reference Masterplan Drawings 7, 8, 11 -- • 693? Running Brook Terrace Wilmington, NC 284-11. • 1-910-686-9707 (0) 1-9i0-686-9716 (F) ,~ -v=ii A»,•. .,° DEMARI/ST VILLAGE ~l ny additiot?al conditions a~?d requireme.=?ts, which represent greater restrictions on development and use of tl?e tract that the ,correspor?ding General Use District regulcxtions, }a~hich are the minimum requiremer?is in the Conditional Use District, or other limitations on larul which may be red slated by state law or local ordir?atace. Reference Masterplan Compendium Section 5, 9, 19, 20, 21 Reference Masterplan Drawings 8-15 j. A?rye other information that_wil,~facil:tate review of the proposed chcr?ge. Reference application as presented General IZequirerraent #3 ~'lte ~orard must~nd "that the use will not sut~stantially i~a,~~rre the value of adjoining or ral~utting property or that 13~e use is a public necessity. " The vision for Demarest Village is to achieve a more desirable living en~~ironment than otherwise possible using current patterns of development= Demarest Village emphasizes Traditional Neighborhood Design (TND) elements which prioritize the human habitat by ___ . defining streetscapes, providing a variety of housing and building types woven~.m~J a fabric of meaningful neighborhood park .spaces that result in the preservation and enhancement of the land and it's natural features. Demarest Village shall represent the best in a human scaled, pedestrian oriented environment including provisions for recreational amenities, open space, a neighborhood center with harmony between the natural and built environment that promote designs that will enhance the historical and cultural context of the region. The Demarest Village Conditional Use Masterplan will contribute to further appreciating the adjoining property values and.. the Middle Sound community by offering a responsible, environmentally sensitive, community oriented neighborhood plan. the Demarest Village program is similar to the development pattern of the associated neighborhood Demarest Landing which has assisted the appreciation of land values within the Middle Sound community since 1995. Incorporated within Demarest Village, Demarest Village Square is envisioned to become an alternate gathering place for residents "within" the Middle Sound Community providing a park, recreation and services only presently available at the edge of the community along the Market Street and Military Cutoff Road corridor. Demarest Village Square uses will ~ 6933 Running Brook Tzrrace Wilmington, NC 28411 • 1-910-686-9707 (O) 1-910-686-9716 (F) D~1•1:~I2~ST VTLY,AGE reduce .the vehicular trips el~tering and lea~ing I~Iiddle Sound by approximately 500 v~licle trips per day and remove 1,680 vel,~icle_tri~+s a day from_the_~Iarket_.Street and -----~ '~~ilitary Cut l~ff Raad cor-idor through internally recapturing vehicular circulation "within" Middle Sound. Demarest Village Square will provide needed .services "within' the community while maintaining the integrity, scale and aesthetics of the community and assist in preserving the environment while contributing to the enhancement of our quality of life. Reference Masterplan Compendium Section S, 17, 18 C~e,~eral ldequire~rzel~at ~1 71ie Board rn,ust find "that-the lacation tend character of the use a~develope~l . a~cordirag t® the plan submitted and approved will be in harmony ielit~i the area in rvhacla it is to be located and in general coa~,f®r~nity awith the pl~aa~ ®~'developrre~ent,~or derv ~~ar~over CauastJ~.'~ ~~ Demarest Village directly complies with the foiloiving Policies of the Comprehensive Plan adopted September 7, 1999: 4.1 ,Comprehensive Plar7 Section IL Exec~~trve Summary _ __ Residential Neighborhood Developrnetat 'The Plan focuses on modern residential development designs and'options for Traditional Neighborhood Development with narrower tree lined streets, and sidewalks that emphasize a pedestrian orientation and scale. Diverse housing types .and lot size are encouraged. Public spaces such as formal public parks, village greens are desired features in.the Plan." Demarest Village accommodates the true spirit of Traditional Neighborhood Design. The majority of the streets are narrow, one way, tree lined streets with parallel parking and sidewalks. There are a total of 53 homesites, which can be .,expanded to 59 homesites, which vary in size from 25' X 130' to 85' X 130' accommodating a mix. of detached Single Family, attached Townhomes, detached Row Houses all with rear services lanes for garages. . The homesites are linked by sidewalks and. greenways to Demarest Village Square, a pedestrian friendly business service facility for Demarest Village residents and the surrounding maturing. neighborhoods of the htiddle Sound Community.. There b933 Running BrookTeriace Wilmington, I~'C 25411 • 1-910-686-9707 (O) 1-910-686-9716 (F) ~~ '~» ~ DEI~YAFZEST VILLAGE are three formal park features in the plan: the Vzllaae lark servicing Demarest --- Vi11a~e Square patrons-and-Demarest-Vili~ge residents; The Village green (passi=v;e recreation) and Hollow, Park (active recreation} servicin, Demarest Village residents. ~ v 4.2. Comprehensive Plan Section II Executive Summery Linking Pedestrian Friendly Business and IZesiderztial Development __ 'The Plan envisions concentrating business and residential development in nodes, while retaining open space. The business nodes would include highly accessible linked pedestrian friendly commercial centers, surrounded by mired density residential neighborhoods. Moving out from these centers the residential densities would decrease." Demarest Village is centrally located within the southern portion of Middle Sound Loop Road surrounded by established and maturing mixed density neighborhoods of R-10, R-15, R-20 and R-ZOS. The Demarest Village Plan contains a minimum of X58% open space while concentrating the residential and commercial'uses in nodes linked with greenway sidewalk corridors. Demarest Village Square provides Pedestrian friendly business services to the mixed density residential program of Demarest Village, the southern corridor residents ofMiddle Sound Loop Road and including neighborhoods of R-10 (Brandywine); R-15 (Sandybrook, Queens Pointe), R-20 (Middle Pointe, South Pointe, Stoney Brook), R-20S (Demarest Landing) and R-20. (Providence). Reference Section 5, "Development Program" of the Masterplan Compendium" The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the applicant The applicant should be prepared to demonstrate. that the proposed use will comply with, each specific requirement found in section 7Z , (as applicable). 1Ye/She should also demonstrate that the land will be used in a ntanrer consistent with the plans and policies of New Hanover County. Reference Section 5, "Development Program" of the Masterplan Compendium" fi 6933 Running Brook Terrace Wilmington, NC 28411 • 1-910-686-9707 (0) 1-910-686-9716 (F) :.V NEV1l HAaNOVER COUNTY 80AR® OF COMMISSl01VERS REQUEST FOR BOAR® ACTION Meeting Date: 05/06/02 ~ ' Regular Item #: 11 .2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart , SUBJECT: Rezoning Case Z-738, 03/02: R=.15 Residentia! to R-10 Residential BRIEF SUMMARY: Request by-Russell Simmons to rezone approximately 10.1 acres of property located on the North side of Gordon Road in the 6300 block, adjacent to and including Daniel Boone Road from R-15 Residential to R-10 Residential. RECOMMENDED MOT10N AND REQUESTED ACTIONS: The`Planning Board recommended DENIAL of the. zoning change. FUNDING. SOURCE: _ N/A ATTACHIVIENTS: 3 ITEM DDRS NOT REQLI/RE REVIEW . COUNTY MANAGER S COMMENTS AND RECOMMEND,4TIONS. COMMISSIONERS' ACTIONS/COMMENTS: . , ~ 1~® ~PPR®VED ~ ~' ~tElECT'E® ~ • >~:~ REMOVED ~.. - "~ • POSTPONED C~ `'~; ' • ~i1rARi•J ~ O /~' Mar 28 02 01:58 smmlot 2519562 STEVENS, MCGHEE, MORGAN, LENNON ~c TOLL, L.L,P. A7-ORNEYS ANO GOUNSEL.ORS AT LAW 6Q2 MARKET STREET Wi~MINGTON, N.C. 28401 JCHN A. SrevENS U 995- 1990) PHONE: 91 O.7 H3.3866 KARL W. MGO-1Ec ( 1923- 19E t ) RICHARD M. MORGAN MAILING ADDRESS: ALTON Y .L~nNGN P. O. DRAWER 59 ALAN E. 70LL ~ ~ - -.. -- -~ ----_--._._ --•- - .-- _-._. `Nlu-nNCroN, N.C.294C2 P.U 55 C. BRYAN FACSIMILE; ' 9 I 0-25 I -9562 JEAN ET',-E V/. JUNGR EIS March 23,2002 FOR FACSIMILE TRANSMITTAL: 341-4130 The Honorable Ted Davis, Jr.,Chairman, and the Honorable Commissioners of the Board of Commissioners of New t?anover County 320 Chestnut Street Wilmington, N.C., 28401-4693 - Re: Rezoning Case File Z-738, 6335 Gcrdon Road Property Owners: Russell D. Simmons and wife Martha A. Simmons Dear Mr. Chairman and Commissioners: p.2 Our firm has very recently been employed by Mr. and Mrs. Russell Simmons to represent their interests in 'the above described rezoning matter. We are advised that the matter is scheduled to be heard at your meeting to be held Monday, April 1, 2002, at 6:30 pm. We have not had sufficient time to investigate the facts of this rezoning case and to prepare for the scheduled hearing. Therefore, on behalf of our client, we respectfully request that the matter be continued and heard at your meeting sc~neduled for May 6, 2002. I am advised that Mr. Simmons is diligently seeking to notify interested parties in the neighborhood of our request in cyder that inconvenience can be kept to a minimum. We sincerely appreciate your consideration of our request and remain Yours very truly, STEVENS , MCGHEE ,' ~O~UrA~T, LENNON & TOLL , LLP By: TON LEA~ION AYL200iF:SIN]MONSZON-3 ~J .. - • at ' „ ? ~- ~:, IVEII-/ HANOVER COUNTY ~i~AR~ OF :C®IVIIVIISSI®IVE~S RE{3UEST FAR BOARD ACT101V . Meeting Date: 05/06/02 Regular .Item #: 1 1 .3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes ~ ' .. Contact: Baird- Stewart SUBJECT: ' 5-482, 05/02 Applicant: Dolores Dowless; Use: Special Use Permit for two Single 1lVide .Mobile Homes; Located at 4052 Parmele Road ; BRIEF SUMMARY: ' The applicant is requesting a Special Use Permit for two Single Wide Mobile Homes to be located at .405.2 Parmele Road. RECOMMENDED MOT90N AND REQUESTED ACTIONS: N/A.with a Special Use Request 'FUNDING SOURCE: , N/A ATTACHMENTS: -5 • 1T~1V1 D®gS Nt~T REQUIRE RE9/IEW, -` COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: .. COMMISSIONERS' AC~'90NS/COMMENTS: • ~; ~:' ~y~ ~ ~~ J~EJECTED REMOVE® ` ~ _ POSTPONED ~ ~ ~ - tai' "'~ _,~~~ / ~c~ ~~rG Case: 5-4~2, 0~/OZ Special Use Permit fOr: 2 Single Wide 1~'~obile I-~oa~es in ~ R-20 12esidential District Preliminary Stafl' Findings 1. "The board must find that the use will not mate~•ially endanger the public health or stifety if located where proposed and developed according to the plan as submitted and approved. A. The subject propem~ is located within the Castle l{a~~ne VFD. B. The site will be served by private well and septic. C. Access to the site is through an existin~7 access easement. 2. The Board must faid that the use meets all requif•ed conditions and specifications of the zoning ordinance. f~. "The site is located in an R-20 Residential 7_-oning District. Minimum setbacia for structures. can be met. B. Part of the property is within the 100 year floodplain. C. Adequate area exists on the parcel for t~~~o_d~ve-l?~n? Tits. The mobile homes ~~~ill be located on approximately 1.=} act°es. 3. The Board must feud that the use will not substantially inure the value of adjoining ar abutting property or that the use is a public necessity. A. `The site is adjacent to an existing ~T~obile home park. r1 double wide mobile home is also located on an adjacent lot. B. No evidence has been presented that the proposed use~~a-ill injure the value of adjoini'n~~or~abuttintr property values. =t. 'The Board must find that the location and chaa-acter 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 site is classified as resource protection by the New Hanover County Comprehensive Plan and is within the urban Growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic; scenic, wildlife and recreational resources. Planning Staff Concerns: 1) Although the proposed mobile homes (2 on this lot and 2 on the adjacent lot) are on separate parcels this could be perceived as a mobile home park, which would appear as an expansion of an existin¢ mobile home park. ~~"~ 2) ~A better~ise~of the. property would be for double wide mobile homes. ~) Sta ~f ~s4a1 ~o,%concerned about the addition of 4 dwellings on this access easement which is already ' ut~l~zed~by~t~ ore,~than six units. ~ C~'~t9~1'tf~ e: ~`~ ~~~r.~~"~~'t ".._ .~ a Case: S-~~2, X510? ~~~1~~®~ ~~~~~~y ~~~~ ~' O«meriPetitioner: Dolores Dowless ' - ~ E~ist~in~ Land Use_ Vacant Zoning History: July 7 1972 (SA) Land Classification: Resource Protection ~~%ater Tv~e: Pru-ate-Wells ~. .. ,__ Sewer Type:.Septic ~. Recreation Area: Castle Rayne Park - Access & Traffic Volume: 2,600 (1999 ADT) , ~~ ' . Fire District: Castle Rayne Wateisl~ed & Water Quality Classification: Prince~Geor~e~Creek C(SW) Aquifer Recharge Area: Secondary , .~ ~ ~ ~Conservation/HistoriciArchaeoloQic Resources: I~~one ' Soils: Leon, Kenansville, Johnston . ~ . _ .Septic Suitability: Class III (Severe Limitations), Class 1 (Suitable), Class IV (Unsuitable) ' _ S chools: Alderman Elementary ' a ! . . ~~ ,y, ~„~ ~~ ~ ~ . ~J q~. i 1 ~9 {This page intentionally left blank} li • • IVEV!! HAtVOVER COl1NTY BOARD OF,COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Regular Item #: 1 1 .4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUBJECT: - S-483, 05102 Aapplicant: Dolores Dowless; Use: Special Use Permit for two Single V~lide Mobile oes Located at 4046 Parmele Road BRIEF SUMMARY: The applicant is requesting a Special Use Permit for two Single Wide Mobile Homes to be located at .4046 Parmele Road. RECOMMENDED MOTION AND REt3UESTED ACTIONS: N/A with a Special Use Request FUNDING SOURCE: N/A ATTACFIMENTS: 5 I T~NI D ®FS NOT RR~ IJIRF REVIEW COUN~'~ MANAGER'S COMMENTS AND RECOMMENDATIONS; COMMISSIONERS' ACTIONS/COMMENTS: • ~E3ECTE® ~ ,, REMOVED ~ ~ ,~'`_` .POSTPONED n' ~ "~ Case: 5-483, OS/0? Special Ilse Perrr~it for: 2 Single wide i~lobyle domes in a I2-20 Residential District Prelin~inay~7 Staff I'indinas "J b 1. The board mast find #hat the use will not materially endanger the public health or safety if located where proposed and deyelopecl according to the plan as submitted and approved. ,~. The siil~ject pioperty is located-« itltin the Castle Hai ne VFD. Q. The site will be served by private well and septic. ~. Access to~the site is through an existing access easement. 2. The Board mast find that tlae rise meets all required conditions and specifscations of the a_onis~~ ordinance. A. The site is located in an R-20 Residential 'Zoning District. Minimum setbacks for structures can be met. I3. Part of the property is within the 100 year floodplain. C. Adequate area exists on the parcel for two dwelling units. The mobile homes will b_e located on appro;til`i~'a~tely 1.4 acres. 3. The Board must find that the use will not substantially injure the yalrse of adjoining or abutting property or that the nse is a public necessity. fv. The site is adjacent to an e~istin~? mobile home park. A double wide mobile home is also located on an adjacent lot. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for Neer- ;4anover,Cot~nty. A. The site is classified as resource protection by the New Hanover County Comprehensive Plan and is within the urban Growth boundaries. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic; scenic, wildlife and recreational resources. Planning Staff Concerns: 1) Although the proposed mobile homes (2 on this lot and 2 on the adjacent lot) are on separate parcels this could be perceived as a mobile home park. which ~~ould appear as an espansiori o'f an existing mobile home park. '~f`~""`ri'„2) -~irA~°better;i~se°o~f~the property would be for double wide mobile homes. 3) Staff ~js also concerned about the addition of4 dwellings on this access easement which is already utilized:by more than six units. Y~ 1" ~ 7"-... -, ~~ Case: S-~~3, 05/02 ~~ti~~®~ ~~m~ry I~~t~ Owner/Petitioner: Dolores Dowless ` ~ ~ Elistin~ Land User ~Iacant Zoninff History: July 7 19 ;~2 (8A) Land Classification: Resource Protection Water Type: Private Wells Sewer Type: Septic Recreation Area: Castle Hayne Park Access & Traffic Volume: 2,600 (1999~ADT) ~~ I=ire District: Castle Hayne ~ ; ~~ Watershed & Water Quality Classification: Prince George Creek C(SW) Aquifer Rechartre Area; Secondary ~~ Conservation/Historic/Archaeologic Resources: None Soils: Leon; Kenansville, Johnston Septic Suitability: Class III (Severe Limitations), Class I (Suitable), Class IV (Unsuitable) Schools: Alderman Elementary • ~~ T,~ ttVE11V HA9VOVER COUNTY BOARD OF COMMlSSIOIVERS REQUEST FOR BOARD ACTION . Meeting Date: ®5106102 ~~ Regular Item #: 1 i .5 Estimated Time: Page Number: Department: Planning Presenter: Dexter I-layes Contact: Baird Stewart • SUBJECT: A-3'3 7, 04/02 Zoning Text Amendment for the Tabie of 'Permitted Uses to Allow Cemeteries by Specia! Use Permit in the A-i District BRfEI= SUMMARY: Cemeteries are a compatible use within the airport zoning districts. Therefore, Staff recommends allowing cemeteries by Special Use Permit in A-I Districts with the same special use requirements that are used for residential districts in the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board Recommendation 04/1 1 /02 : After a brief presentation by staff the Planning Board voted 6-0 to recommend approval of the proposed text amendment. The Planning Board agreed that cemeteries would not result in any land usa conflicts with airport operations. FUNDING SOURCE: N/A ATTACHMENTS: 1 /TEM Df3ES NOT REQUIRE REV/EUl/ r- COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ,,,,---''`~~ ,i COMMISSIONERS' ACTIONS/COMMENTS: ~~~'" d- - v~ ~~ APR®VE~ ~ i~EJ ECTE® ~! . REMOVED ~°' ' POSTPOf~ED ~ `~~`' f ~,, t. ~AS~: A-3f7, 0-1/02 Applicant: Staff IaP(~~JEST: honing 'Test Amendment for the 'T'able of Permitted I~ses to Allow Cemeteries by Special ~Jse Permit i~ the A-I District The proposed text amendment can be accomplished by adding an ``S" in the appropriate column of the permitted use table. i'I:A?~1~Ie G B©ARI) I~.ECO?VINflPi°.TI3ATI01!' 4/11/02: after a brief presentation by staff the Planning Board voted 6-0 to recommend approval ~i' the proposed text amendment. The Planning Board agreed that ccn~eteries would not result in any land use conflicts with airport operations. STAFF SUMMARY New Hanover County adopted the Airport Zoning Districts in October 1976. The objective of ~~ the Airport districts is to limit the potential concentration of people and activities around the airport t gat mtQ ~t e incompatible with airport operations. Obviously some activities do, however, attract people on a temporary and intermittent basis. Some properties around the airport are slated for Future fi expansion. Care should be~ taken to avoid locating cemeteries within these future expansion areas. ~vJ' ,However cemeteries are a compatible use within the airport zoning districts. Therefore~Staff recommends allowing cemeteries by Special Use Permit in A-I District~vitli the same special use requirements that are used for residential districts in the County. ;; ..~;~i~ f~ ~~~ ; ~ LJ , ~tl.,~~:l 1G}-yr?~ U ~~, :P~ / ~," f NEV1J Ht4NOVER COUNTY SOi4RD OF CONSIVIISSIONERS . - REQUEST FOR BOARD ACTION . Meeting. Date: 05!06102 ° ° Regular item #: 12 Estimated Time: Page Number: • Department: Planning Preseriter: Dexter Hayes - , Contact: Sam Burgess SUSJECT: Non -Public Hearing Item - Subdivision Appeal/Administrative Hearing (SA-'19; 05/029 - BRIEF SIJiVIIVIARY: Request by Susan McDaniel 'for the -Beau Rivage Homeowners Association to appeal the Planning Board's Technical Review Committee (TRC) decision approving. the revised preliminary site plan of Beau Rivage and Carolina Green Estates @ Beau Rivage. Beau Rivage is located in the Fi200 block of'Carolina Beach Road, West side. RECOluIMEiVDE~ illl(3T109V AND REQUESTED ACTIONS: None FUNDING SOURCE: _ . None ATTACFlMENTS: 7 S ITE1V1®OE~ NOT RFt~UIRf RE'i//Et~/ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . CO1~/lMiSS10NERS' ACTIONS/COMMENTS: - - _ ~ .,, - ,~PPRO ~ . - ~EIECTE® ~ , , ~-~ REMOVED ~ ' t-~:.: ~, •• ~j,~~~ --'/ , ' S{~ CASE: SA - 19, 0/02 APPI,iCAi~iT: Susan McDaniel for Beau Rivage I-f®~~ ~E(21JEST: Appeal of Technical Review Committee Decision Approving Carolina Green Estates ~~ Beau Rivage (B.e~•iseci_1'~t•fornlance De~~elo~~ri~erdt)_ .. _ _ ACT?I/AGI/: x=19.8 (Beau Rivage) g.,~CATI~i^~: T'lear the 6?00 block Carolina Beach Road, ~~est Side 1-IIST®RY In I~Iay, 1986, Beau Rivage received preliminary approval for a total of 1,13 dwelling units under the County's Performance Residential requirements. The `86 site plan of Beau Rivage displayed approximately 356 single family lots along with several tracts labeled as "future development" in addition to a 1$ hole golf course. 'The site plan also displayed three (3) means of ingress and egress from the project- Carolina Beach Road (main entrance), River Road, and Sanders Road. From 1986 into the mid `90's, residential clevelof~n:ent tivithin the project vas slow. During that period, approximately 319 lots were recorded. It was also during the mid `90's that several changes occurred within the project. Changes included the County purchase ol~ a tract abutting the Cape Fear River for the use of a park facility and the preliminary approval of three (3) condo projects also along the east ban'_~ of the river. All three condo projects were created on lands labeled as "future development " on the site plan approved in 1986. In December, 2001, The Planning Board's Technical Review Committee (TRC) reviewed a 32 unit proposal for Carolina Green Estates. It was during the revie6v o~f Carolina Green Estates that the TRC decided to "table" any future preliminary site plan proposals within Beau Rivage until a revised site plan of the 1986 project was submitted. Revisions to the plan were to include a re-examination of the driveway permit issued for the main entrance ;from-Carolina Beachl2oad, water pressure flow tests to determine feasibility of fire hy~dra~nts,~,u,pclatingtthe ariginal plan to reflect recent approved developments, a refined ,.matrix ~tar`bled~ica~ti~ng current acreage and number of lots within the project, future ro ect ~ r•~o sals~•~and a roximate delineation of the ~0~ wetlands. P J P' P' >> PP ~~ S A-19, 0102 (Cont'd) 2. Therevised plan for Beau I'e.ivage and a preliminary site_pl~~ to Carolina Green Estates ~~ ere reviewed bbl the TRC. Sutnma~y information pertaining to both projects are noted below. A site map for each project is also attached. 1) Beau Rivage (Revised Performance) - I2eauest by ~Iohn y~'essell for the I.e~vis fa~~aily to consider re-appro~•al of revisions to the original 1956 site plan. Zoning: R-15 Residential ~ , mater: Private (ABC Utilities) Sever: Private (ABC Utilities) _ __ _ _ loads: ~ ~ Private Lots/Units: 1,13 (original plan) 1,12 (revised plan) acreage; =161 (original plan) . X49 (revised plan) Lantl Class: Limited Transition 2) Carolina Green Estates @ Beau Rivage (Performance) -Request by Stroud P,and Surveying for Bill y Earl to consider approval of a 32 unit independent senior facility. o _. • • Bonin R-1~ Residential 43later: Private (ABC Utilities) Seaver: ~ Private (ABC--x~tilities) Roads: .Private L'ots/Units: 32 Acreage: 2:27 Land Class: Limited Transition The revised plan for Beau Rivage and. a preliminary site plan for Carolina Green Estates were.revie~ved by the TRC on March 13, 2002. During the review of Beau Rivage, several issues were addressed. I~owever, the TRC concluded that since rivo "future" projects were displayed on the revision, any approval of tlae revision «~ould also constitute an automatic preliminary approval of the rivo new projects (Carolina Green Estates ~ Beau Rivage: '.Tracts 1 & 2). At the ~l~Iarch 13`h meeting, the preliminary plan for Beau Rivage was "tabled" and Carolina Green Estates was reviewed and approved for 32 units. Conditions of the approval included alternative/emergency access with break a~i-ay gate near the southeastern portion of the project and joining the Beau Rivage I3omeowners Association. for the maintenance of the private road: SA-19, 05/02 3. The revision to Beau Rivage vas again reviewed by~ TRC on ~ pril 10`~ and approved. € he ------=1'RC concluded-that-additional preliminary protest propostals within Beau Rivage ®vould be reviewed and approved individually based on current County, State, and~'ederal regulations. ABPEAL Susan ~'IcDataiel, representing the Tlomeo`vners Association in Beau Rivage has appealed the TRC's decision to approve Carolina Green Estates and the revised preliminary plan for Beau Rivage on the following grounds (letter attached): 1) Based on the 1986 approved plan of Beau Rivage, the property l:i~-own as Carolina Green Estates ivas not designated as future development. The area on the plan `vas . intended to be "open space" as provided by SeCtiOn 51.5-2.6 of the County's Zoning Regulations. The TRC's preliminary approval. of Ca~•olina Green Estates for 32 units is contrar}' to the 1986 plan. 2) There is no provision in the Neav I~anover County Zoning or Subdivisian Regulations for altering an approved plan. 'The TRC's approval of the revised plan for Beau Rivage is contrary to the ordinance because it sitars the approved use of the.Carolina Green Estates property based on the 1986 plan. 3) Both plans approved by TRC do not meet all of the minimum requirements of Section _ __ ~~-~ ~r+a,~ C~~~~~•~~s~on Regulations or Section 51.5-2 of the-•~oning C)rdinance. ~, '~i . ~m 4 ' :, ~ ~' Apr.l 18, 2002 VlA TELEFAX: 341-4170 A3VD FIRST CLASS i'1~AIL Holt Nloore New Hanover County Assistant Attorney 320 Chestnut Street Wilmington,l~rC 28401 Re: .Appeal by Beau Rivage Homeowners Association of 1. TRC's approval of Preliminary Site Plan of Carolina Green Estates 2. TRC's approval of Revised Preliminary Site Plan of Beau Rivage Dear Holt: As you Irnow, Section 32(2~c) of ~e New Hanover County Subdivision Regulations permits decisions of the Planning Board Chairpersr~ to be appealed to the Board of County Couzmissi~aers at whid~- time they may at"Iirrn, m~ify, suppleme*~t, or remand the decision of the Planning Board Chaitpers~. 1 have filed such appeals on Behalf of the Beau Rivage Homeowners Association in cormeetion with the Planning Board Chah-p~-sap~'s approval of the Preliminary Site Plan of Carolina Green Estates and approval ofthe.Itevised Preliminary Site Plan ofBeau Rivage Plantaticu~. . At your request, I am providing this basic overview of the basis of the appeals, without~prejudice to my right to make additicxial arsmunents to the Comrnissionei-s at the appeal hearing on May 6. On the 1985 Approved Site Plan for Beau Rivage Plantation, the property that is now owned by Carolina Green Estates, LLC is not set aside or marked for future development. It is an undi~.~ded area within the development that we deem to be ~ space, as provided by Section 515-2.6 of the Ne'~v Hanover County Zoning Ordinance. 'This prepe: ty is governed by the op~ space regulatica~s set forth in Section 59.1 of the Toning Ordinance. The TRC's approval of the Carolina Green Estates preliminary plat fora 32 trot development is contrary to 1985 Approved-Plan. --- There is no provision in the New Har-over County Zoning Ordinance r~ the Subdivision Regulations for altering an approved plan. The TRC's approval of the Updated and Revised Plan for Beau Rivage Plantation is cxintrary to the ordinance l~cause it alters the approved use of the Carolina Green Estates property from what was approved in 1986. In addition to die forgoing, the plans approved by the TRC do not meet all of the minimum requirements of Section 32-3 of the Subdivision Regulations or Section SI.S-2 ofthe Zoning Ordinance. With kind regards, I remain Cc; Sam Burgess via telefax: 341 X1556 and first class mail ~'~ Charles Cate, Beau Rivage HOA Land~ail business tenter 1213 +Culbreth [3ti~e ~~~~~ ~lifritn~tOn, ~~ 2~®~ Telephone 910/509-725 . Telefiax 910/509-7442 e-mail smcdaniel@speedshare.net / ' -- Sincerely yours, '1 ~~ , 1 ~ ~~ ~ ~ , `~ x~'J`.'McDanie~ 1 1~~~ - 'J r' -~-_; -- r ~~ % 1 ~ (l ~~C~ti~ ~// V DE?{TER L. H.~1 c,~ Pl:~~nin~ Direco~ April 16, 2002 PLANNI1~tG DEPARTMENT 414 CHESTNtiT STRE>/T, SUITE 304 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPh'~wE, 91 u) ~-~1-716 ~1s. Peggy Lewis Lewis Realty P.O. Box 1569 ~~'ilmington, NC 2808 Re: Beau Rivage (Revised Preliminary Site Plan) __ _ Dear Ms. Lewis: In regular.-session on April I0, 2002, the Plarlizing Board's Technical Review Committee (TRC) approved the rcti~ised preliminary site plan for Bea a Rivage. This includes the addition of Carolina Green Estates to the plan. The revised plan now reflects a total of 1,12~~iu7its that may be. built within the ~proect. To date, approximately 364 units have received final plat approval.~In rendering their decision to approve the rep-iced plan; the~TRC reco,nized that areas labeled "fi_ttttre deti~elopment" on the plan would need to be submitted as preliminary proposals and subject to existing~agencti~ review. Staff had reco~nzmendzd that every eifori be made_to display preliminary design proposals in areas labeled as "future development " in order to Drevent reoccurring site plan revisions and offer a bitter planning blueprint on now the project may be designed. Site plan i•e-~~isions to Beeat Riva~e reflecting preliminary proposals-~~,~;li noiv be _ _ i..~ ~~::i ~.u ~ " iii ir., u}JP. IsSton Of each prel>minan' Slte p1ilI]. Attending the mectingwere: Ptiodney~ Harris; Acting TRC Chair; 'like Keenan. Dati~id Girardot, ~Va1t Conlogue, a.nd Ernest Puskas, TRC menibe-s; Adam Rahhal, Count~~ Enaineering:Holt ~~Ioore, Count}~ attorney-; Greg ~~'a}•ne and \-like La~ti~rence.Hanover Design: John ~y'essell. Lewis .'_~ornev; Susan ~'IcDaniei~. _-~ttorne_~~ for Beau R i-~,~a~z rc.,i~'e:,ts:.-1n_~i hi. 0;!?r 0~~,~I1eC5 O~Seti~er.. ..=.CtS ~`."i[i11n U.°.a~t P~l~"~~?c: C}?ri~ Stepil~il~. Lail~~iilrtr'-; ~'-c-~riZr[i,~n; P,;t~ ~~l '~1l lip r. Step, C:rt ~. 1 i; PL. c. Q "elen-:~_.= _ L.... P1=.:.~ IrtcT j(pTj (B!P~~Te~~ 1-~a~e~. ~ ` L~'1 ~::?_ .'1c !~ ~::1\ . Cl!~~:!Oi1= ~~-~L~ !:',i:~' :J - ~1 '^~! i i:._ ~.,~_. ....l:illa=...\. CC: 1~lai1I11n~? ~d. ?ll~n~:"~~:"= Count}~ Engineering Zoning Enforcet:~ent Fire Services Holt i~'loore. Cot:i~,.,~ _~.~[ornev hell Sha:-:_;llr: .=~ti0:ii~ Susan it~lcDaniel..-~.T'n-:,~. Hanover Design Serv. John ~`'esselL~.Attornev S!ticerely. S..-~, r'3ur~?ess ~~~- ~. ~° ~ ~s'' IVEV1/ HAIVOVER COUNTY BOARD OF CONfMlSSiOfVERS REQUEST FOR BOARD ACTlOIV Meeting Date: 05/06/02 ~Y Regular Item #: 13 Estimated Time: Page Number: , , Department: .Legal Presenter: Wanda M. Copley, County Attorney ' Contact: Wanda M. Copley, County Attorney SUBJECT: Public F9earing: Charter Communications Franchise Agreement BRIEF SUMMARY: Staff from New Hanover County and Charter Communications will present a proposed franchise agreement that is ready for consideration by the Board. .The Board is required to hold a public hearing to receive comments on the proposed franchise agreement. REC(3MMENDED MOl'1011i AND REQUESTED ACTIONS: Hold a .public hearing for comment on proposed franchise agreement with Charter Communications. Consider franchise agreement and if acceptable approve franchise. FUNDING SOURCE: . Franchise 'Fees. ATTACI~MENTS: ~~; - NHCharter franchise 04-05-02. REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S C As recommended above. nr~rsre~ecirn~tnnn=naz~c• r~4X8 ,. ~ ~EJEC`~ lj®~~~ ~ u IREMOUE® ®~+ POSTPOf~E®® ~'~ ~t:EARI~ ', , ~ ~ ~,' ~~~ . ~.~~ i 1,/~~ 1-- • TALE ®F' C®N'T~PdTS Pa e (~} Section 1. Nature and Terms of Grant ........................................................ .................................... 1 \,_- Section 2. Definitions .................................................................................. .................................... 2 Section 3. Franchise Required; Grant of Franchise; General Provisions .................. 6 Section 4. Service Area ................................... ................... 7 Section- 5:-Cable Service Extension -.-.. , .. ..... ...... , ............ ................... 7 Section 6. Customer Service Standards ........................ ...........:....... 8 Section 7. Compensation, Auditing and Other Payments .......... .................... 8 , Section 8. Franchise -Not Exclusive ......................... .................. 10 Section 9. No Waiver .................................... .................. 10 Section 10. Regulation .................................... .....:............ 11 Section 11. Public Right-of--Way Use Conditions ................ .................. l l Section 12. Requirement for Underground Installations ........... .....:............ 12 Section 13. Initial and Continuing Tests ....................... .................. 15. Section 14. Public Education and Government Access Provisions ... .................. 15 Section 15. Transfer of Ownership or Control .................. .................. 16 Section 16. Force Majeure ................................. .................. 17 Section 17. Remedies -Forfeiture or Revocation ................. .................. 18 Section 18. Receivership and Foreclosure ..................... ............:..... 20 Section 19. Expiration and Renewal ......................... .................. 21 Section 20. Forum for Litigation ............................ ................ ... 21 , Section 21. Notice ....................................... . . .................21 Section 22. Severability ................................... .................. 21 Section 23. Discrimination ................................. .................. 22 Section 24. Divestiture ..................................... ................... 22 Section 25. Letter of Credit ................................ .................. 22 Section 26. Remedies And Liquidated Damages .....:.......... .................. 23 Section 27. Remedies -Cumulative .......................... ..........:....... 24 Section 28. Books and Records -Inspection ................... .................. 2~ Section. 29. Reports and Other Requirements ..................................... .................................... 26 Section 30. Cable System Inspection ......................................................... ...................................... 26 Section 31. Insurance .................................................................................. ...................................... 26 Section 32. Indemnification ........................................................................ ..................................... 27 Section 33. Emergency Alert System Participation .................................. ..................................... 28 Section 34. Service to Public Buildings ..................................................... ..................................... 28 Section 35. Five -Year Review: Performance Monitoring ................. .................................... 29 Section'36 E'qual'`Oppo"rtinity Policy ................................................ .................................... 29 n'dmentss,Ordinance ....................................................... Section 37. Ame ........................................ 30 ~, Section 38. Conflict w;ith~Gable Regulatory Ordinance .......................... ........................................ 30 Section 39: Comp"fete A~~reement .............................................................. ........................................ 30 ,aton~ofRights .............................................................. Section 40.,Reserv~ ....................................... 30 M •, Section 41. Grantc? ...........::.......................................................................... ...................................... 31 Section 42.Acceptance by the Company ...................... .................. 32 ~J I,~~~. ~;~~ EXHIBIT A -Customer Service Standards EXHIBIT B -Government, Education and Public Agencies. Scheduled To Receive Broadband and Cable Services .~. ii °~ ORDINANCE 2002 - xxx STATE ®)~' NOR'TII CAROLINA . ~N~,~~~ ~ ' h~ ~ ~; f ~ "' ~~~ TELEVISION FRANCIIISE CA~I.E 4 -~~"- ~- COiTN'I'-4' OF NEW I~ANOVER r{.~ ~~ ~ , R~~'' %~ ~~ Y`SVFY Y ~1 -..r~°.IR I `°. v. An Ordinance granting a nonexclusive Franchise to .Falcon Cable Media, a California Limited Partnership d/b/a Charter Communications (hereinafter referred to as "the Grantee") to own, operate and maintain a Cable System, as defined herein, setting forth conditions accompanying the grant of Franchise, providing for the regulation and use of the Cabe System, providing penalties, and defining the term and the effective date thereof. dV~IEREAS, the County of New Hanover, (hereinafter referred to as "the Grantor"), desires to assure the widespread availability of Cable Services within the County to promote commerce and. otherwise further the public interest; dVHFREAS, the Grantor is the owner of certain street Rights-of--Way and other public lands or easements or has jurisdiction over Public Rights-of--Way; ~~IEREAS, the Grantor has, following reasonable notice, and after consideration, analysis and deliberation conducted full public proceedings, during which proceedings the technical ability, financial condition, legal qualification and general character of the Grantee were determined acceptable to receive a renewal of its Franchise; `~I-IEREAS, the Grantor also has considered and analyzed the plans of the Grantee for the construction and operation of its Cable System and found the same to be adequate and feasible in view of the needs and requirements of the area to be served by the Cable System; WHFREAS_ the Grantor has determined that it is in the best interest of and consistent with the public convenience and necessity of its residents to grant a Franchise to the Grantee to operate a Cable System within the County and on the terms and conditions hereinafter set forth; and WI~EREAS, the Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the Grantor's Right-of--Way or State Rights-of--Way within the Grantor's jurisdiction. N®W, TH>t1REFGRE; the parties agree as follows: Section 1, Nature and Terms of Grant A. The Grantor hereby grants the Grantee aCounty-wide Franchise, pursuant to the provisions of the New Hanover County Code, Chapier 50, Telecommunications Article II, Cable Communication, to construct and operate a Cable System, using owned and/or leased ~d~ facilities, which may be located in the Grantor's Rights-of--Way or State Rights-of-Way _ within its jurisdiction. B. Notwithstanding Section lA, the Grantee may, in its sole discretion, elect to lease fiber • optic, coaxial and multi-pair ..cable and other cable communication facilities from other Grantor licensed or franchised providers of Cable Service to support the operation of its .Cable System.. _ -------=---- __ __ ... _ _. _.._ --_ _ _ . C.. The Franchise granted herein shall run for a term often { 10) years from the effective date, of this Franchise which shall be the date of acceptance by the Grantee of the Franchise terms and conditions as set forth in the acceptance called for by Section 42. Section 2. .Definitions For the purpgses of this Franchise, the following terms, phrases, words; and abbreviations shall have the ` meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in-the plural include the singular, and words in a partictilar gender shall include the .other gender. The words "shall'.' and "must" are always mandatory and not merely directory. A. "Access or Public; Education or Government Access" shall mean the availability of channels on the Cable System for non-commercial public, education or government use by agencies; institutions; - ~~ organizations, groups and individuals in the community, including the Grantor and its designees for the ~ , distribution of non-commercial programming not under the Grantee's editorial control and consistent with V ~ applicable law, including: ~ _ B. ° "Public Access" shall mean access where organizations; groups, or individual members of the general . 'public are the designated programmers having editorial control over their prop; ramming pursuant to rules promulgated by the Grantor; . C: "Education Access" shall mean access where local schools are the designated programmers having - editorial coritrol.over their programming, which shall concern their educational functions; D. ``Government Access" shall mean access where government institutions or their designees are the- . ',' . primary or designated programmers or users having editorial control over, their programming, which shall concern their governmental functions, and; • E: ~ "PEG Access" shall mean Public Access; Education Access and Government Access: collectively. ~. F. "Access Center" shall mean anon-profit agency or agencies selected by the Grantor to be responsible for the administration; production and acquisition of television programs for telecast on the public, education and goverrunent access channels. _ G. "Affiliate", when used in relation to any person, shall mean another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. 2 H. "Basic Cable Service" or "Basic Service" shall mean any service tier that includes the retransmission of local television broadcast signals. This definition shall be deemed to, change consistent with any changes m the definition of this term by the Federal Communications Commission. I. "County'° shall mean the County of Nevv Hanover J. ~-"County Board" shall mean the Board of County Commissioners of the County of New Hanover, North Carolina. K. "Cable ®perator" shall mean any person or group of persons: 1. Who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or 2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System under a Franchise with the Grantor. L. "Cable Service" shall mean: 1 . The one-way transmission to Subscribers of (a) video programming, or (b) other programming services, and 2. Subscriber interaction; if any, which is required for the selection or use of such video programming or other programming services. M. ;'Cable System" shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service and which includes video programming and Other Communications Services and which is provided to multiple Subscribers within a community, but such teen does not include: 1. A facility thatserves only to retransmit the television signals ofone (1) or more television broadcast stations; 2. A facility that serves Subscribers without using any Public Righi-of--Way; 3. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §201-226; except that such facility shall be considered a Cable System [other than for purposes. of 4~7 U.S.C. §541(c)] to the extent such a facility is used in the transmission of video programming directly to Subscribers; and 4. Any facilities of an electric utility used solely for operating its electric utility'systern. N. "Channel" shall mean a portion of the electromagnetic frequency spectrum, which is capable of delivering both the audio and videoportions of a television signal. At the time of the enactment of this 3 1~ Franchise, such capability generally requires a 6 MHz capacity, but this standard is subject to modification resulting from changes in technology. O. "County" shall mean the County of New Hanover or the area within the present County limits and such territory outside of the County over which-the County has jurisdiction or control by virtue of any . law.. P. ".Customer Service Standards" shall mean those standards adopted by the FCC and the Grantor (to the extent riot inconsistent with those of the FCC), which govern the manner in which the Grantee interacts with the public and its customers. Q. "FCC" shall mean the Federal Communications Commission or any successor agency. R. "Franchise or Franchise Agreement" shall mean an initial authorization, or .renewal thereof, . (including a renewal of an authorization which has been granted subject to 47 U.S.C. §546), issuedsby the Grantor, whether such authorization is designated as a franchise, ordinance, permit, license, resolution, contract, certificate. agreement, or otherwise, which authorizes the construction or operation of a Cable .System but neither supersedes nor takes the place of any license, license fee or permit authorization which might otherwise be required for the privilege of transacting business within the Franchise Area. S. '°Franchise Area" shall mean the entire County or portions thereof, for which a franchise is granted under the authority of New Hanover County Code, Chapter 50, Telecommunications Article II, Cable Communication. . T. "Franchise Fee" shall mean an annual fee equivalent to a portion of the Grantee's Gross Revenues - paid for the use and occupation of the Grantor's Rights-of--Way and the Grantor's. authorization to construct and operate a-Cable System within its jurisdiction. U. "Grantee" or "Franchisee" or "Company" shall mean the person, firm, or corporation to whom a Franchise, as herein above defined, is granted by the Grantor and any lawful successor, transferee or assignee of said person, firm, or corporation. U. "Gross Revenues" shall mean all revenue received by the. Grantee, which is derived from the operation of the Cable System to provide Cable Service which includes television video and/or .audio programservices within the Grantor's Franchise area, including, but not limited to: fees charged to Subscribers for Basic Cable Service, fees charged to Subscribers for an optional video- or audio service; fees charged to.Subscribers for any tier_of video or audio program service other than Basic Cable Service; installation, disconnection and re-connection fees for the provision of video or audio program services; leased channel fees and equipment rentals and revenues. Gross Revenues shall also include an allocated portion of revenues received by the Grantee for the carriage of home shopping channels on the Cable System; marketing revenues that exceed , reimbursements for expenses; and revenues from advertising on the Cable System sold by the 4 '=~ z" Grantee or its agents. The allocation shall be a percentage of such revenues determined by dividing the number of Subscribers in the Grantor's Franchise area by the total number of Subscribers served by the Cable System. This sum shall be the basis for computing the fee imposed pursuant to Section 7A hereof. The term "Gross Revenues" shall not include: converter or other equipment deposits;' bad debts; _ _ _._ any sales, excise or any other taxes col ected by the Grantee on behalf of any State; "County or other governmental unit; Franchise Fees; refunds to Subscribers by the Grantee; reimbursement for expenses (including returned check fees, copy expenses and similar items); or items excluded by local, State or Federal Law. Revenues received for the provision of Other Communication Services including data transmission, point-to-point telecommunications, or telephone services shall not. be included in the Gross Revenues but may. be subject to fees imposed by the Grantor, upon the provision of such services, to the extent permitted by law. Revenue derived from subsequently developed Cable Services shall be included in Gross Revenues subject to their classification as Cable Services under applicable law; other conditions of this Section and the requirement that all :Franchises issued by the Grantor include the same definition of Gross Revenues. ~V. "Institutional Network or I-Net" shall mean capacity on the System used for the provision of services to the Grantor pursuant to the terms and conditions set forth in Section 16 and Fxhibit B. X. "L.aw or Laws" shall mean any locate State or Federal legislative, judicial or administrative order, certificate, decision, statute, constittrtion, ordinance, resolution, regulation, rule; tariff, guideline or other requirement, as amended, now m effect or subsequently enacted or Issued during the term of a franchise, including, but not limited to, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 70, codified at 47 U.S.C., and all orders, rules, tariffs. guidelines and regulations issued by the Federal Communications Commission or the North Carolina Utilities Commission purst.~ant thereto. Y. "®ther Communications Service" shall mean information; audio video, data, or any other lawful service that Cable Operator makes available for purchase; Z. "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity; AA. "Public Buildings" shall mean State accredited public K-12 schools, and Comity owned or leased buildings. -- BB. "Public, Education, or Government Access Facilities" shall mean.: 1. Channel capacity designated for Public, Education, or Government Access use; and 2. Facilities and equipment for the use of such Channel capacity. ;-, 5 r':~ CC. "Public Rights-of--Way and Rights-of--Way" shall include the surface, the air space above the . surface, and the area below the surface ofany public street, avenue, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, square, viaduct, waterway, greenway, utility easement, and other public property now or hereafter held by the Grantor or the State which shall entitle the Grantor and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable-System: No reference-herein, or in any Franchise, to the "Public Right-of--Way" shall be deemed to be a representation or guarantee by the Grantor that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such ~. terms, be deemed to gain only such rights to use such property as the Grantor may have the undisputed right and power to give or, as granted b_y Federal or State Law. . DD. "Reasonable Notice" shall mean thirty (30) calendar days for all matters, unless otherwise . specifically defined herein. EE. ``Residential Subscriber" shall mean a Subscriber who receives Cable Service in an individual dwelling unit. or multiple unit dwelling, where the service is not to be used iri coiv~ection with a business, trade or profession. FF. "Service Area" shall mean the geographical area constituting the Grantor's political boLUldanes as of the acceptance date of this Franchise. _ `~ GG. "Service Tier" shall mean a category of Cable Service or Other Communications Service provided by a Cable Operator for which its customers are charged a separate rate. HH. "State" shall mean the State of North Carolina. IL~ "Subscriber" shallmean any person or entity lawfully receiving any portion of the Cable Service of the Grantee pursuant to this Franchise. JJ. "Fear" shall mean a calendar year. Section 3. I+ ranchise Required; Grant of Franchise; General Provisions A. Franchise Required. No Cable System shall be allowed to occupy or use the Public Rights-of=Way of the County or be allowed to operate within the County without a franchise. Any Cable System located in the Public Rights-of-Way. on the effective date of this Article shall obtain a franchise from the .County pursuant to this Article within one hundred and twenty (120) days, unless extended by the County. B. Grant. Pursuant to the State Law and applicable Charter provisions, ordinances, rules and regulations, - the County can grant. revocable and non-exclusive Franchises to construct, operate and maintain a Cable System within the County and in the Public Rights-of--Way. The specific locations. of the Cable • 6 ~;: System in the Public Rights-of--Way shall be subject to the approval of the County pursuant to the terms of a franchise and other applicable local ordinances. The Franchise shall constitute both a right and an obligation to provide the services of a Cable System pursuant to local ordinance, .the provisions of North Carolina and Federal Public Law and Regulations. By acceptance of a Franchise, Grantee acknowledges and accepts the legal right of the County to issue the Franchise. C.' Use of Grantee Facilities. Solely for the County's non-commercial use, a Grantee shall, during the life of the Franchise, cooperate with the County to facilitate the installation of cable facilities to meet the County's communication needs in accordance with the terms and conditions in Exhibit B. D. Police Powers. A Grantee's rights under a franchise are subject to the police powers of the County to adopt and enforce ordinances for the health, safety and welfare of the public. Subject to applicable Law, Grantee shall comply with ail applicable general Laws and ordinances enacted by the County pursuant to that power. Nothing in this Article or the Franchise shall be deemed to be a waiver of the requirements of the various codes, ordinances; regulations, standards and specifications regarding permits, fees to be paid, or manner of construction. E. Time is of the Essence of the Franchise.. Subject to applicable Law, whenever a franchise shall set 1:orth any time for an act to be performed by or on behalf of the Grantee, such time shall be deemed of the essence and any failure of the Grantee to perform within the time allotted shall always be sufficient material ground for the County to invoke an appropriate penalty including possible revocation of the Franchise Agreement. Section 4. Service Area A. Service Area. The Grantee's Service Area is generally bounded by the County's political boundaries as amended from time to time, excluding incorporated municipalities. B. Extension. The Grantee shall extend its Cable System in accordance with plans submitted to the County pursuant to the normal County permit process, subject to~the procedures and standards set forth in Section 5, irrespective of whether the area is served by another Cable Operator pursuant to a valid franchise. Section 5. Cable Service Extension A. Service Extension. The Grantee shall extend service to any residence(s) upon the written request of the County where the number of occupied homes equals fifty (50) homes per cable mile with the measurement beginning from the closest existing point of connection to the Cable System, so long as - the number of homes within the extension area willing to contract for Cable Service by the Grantee for at least two (2) years is equal to or greater than the penetration rate within Grantee's then existing Service Area covered by this Franchise. Upon receipt of a written request for an extension from the County, the Grantee shall, within sixty (60) days, respond in writing with its calculation of the homes per mile density for the requested Cable System extension and t11e extent to which those seeking to contract for Cable Service by Grantee satisfy the above requirements. 7 B. Time. Unless additional time to constnict a Cable System extension has been granted by the County, such extensions shall be completed within one hundred-twenty (1.20) days following receipt of a written extension request by the County where the density and service standards have been satisfied and all . necessary easements, utility permits or other Right-of--Way permits have been obtained by the Grantee. C. --Cost-Share. -If the number of homes requesting service in an extension area (an area not currently served by Grantee) compared`to the number of homes in the extension area is less than the penetration rate of Grantee in the then existing Service Area of Grantee covered by this Franchise, the resident (s) may obtain service by contracting for- service by Grantee for not less than ttivo (2) years and by paying a share of the incremental cost to extend the Ca'ole System as follows: 1. The Grantee shall pay a share of costs calculated as the percentage by which-.the penetration in the area is less than the penetration by Grantee in its then existing Service Acea. For example, if the number of homes requesting service in the extension area is eight (8) homes per mile, and the penetration of the grantee in its then existing Service Area is twenty (20) homes per mile, the Grantee shall pay forty percent (40%) of the extension cost and the requesting Subscriber(s) shall pay the remaining sixty percent (60%). 2. When the Grantee receives a written request for an extension froth the County, the Grantee shall, within sixty (60) days, respond in writing with its calculation of the density and service eligibility. If the number of :homes requesting service is less than the penetration rate in the Grantee's then existing Service Area, the Grantee shall also provide a firm price good for ninety (90) days reflecting the portion the resident(s) must pay on acost-sharing basis to obtain Cable Service from the Grantee. Within ninety (90) days from payment of the cost share by prospective Subscriber(s) .and receipt of all necessary easements, utility permits or other Right-af--Way permits, the Grantee shall complete the extension of service.. 3. As thedensity increases in an area tivhere service is extended on a cost sharing basis, the Grantee shall, upon request, annually refund a proportionate share of the Subscriber(s)' contributions commensurate with the increase in density. Such refunds shall not be due to requesting parties after rivo (2) years from the date of completion of an extension. Se~aion 6. Customer Service Standards The Grantor has determined that it is in the best interest of its residents and consistent witlz.the public interest, convenience and necessity to adopt Customer Service Standards for the provision of Cable Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the Grantor's Customer Service Standards, as long as such standards are not inconsistent with those of Federal Law. A copy of the Grantor's Customer Service Standards is attached as Exhibit A and is incorporated herein by reference. Section 7. Compensation, Auditing and Other Payments rte, ,~,; ~~ ~~b f~. ,ex~ A. Franchise Fee Levy. The Grantee shall pay the Grantor throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. B. Payments Due. All such payments of Franchise Fees shall be paid quarterly by April 30, July 31, October 31, and January 31 for the preceding three (3) month period ending on December 31. Franchise Fee payments shall be accompanied by a report itemizing and setting forth the Gross Revemtes for each category and showing the calculation of the payment due for-tlie preceding period:- -- ~~- C. Franchise Fee In Lieu Of An Encroachment Fee. The payment of the Franchise Fee by the Grantee is to be used by the Grantor to administer this Franchise and is for the right to construct and operate a Cable System within the Public Rights-of--Way in the Grantor's jurisdiction and is in lieu of an encroachment fee. D. Annual Financial Report And Audit. Upon request of the Grantor, the Grantee shall furnish the Grantor a statement within ninety (90) days of the close of the Year; certified by an official of the Grantee responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues, and all payments, and computations for the previous Year. Upon thirty (30) calendar days prior written notice, the Grantor shall have the right to conduct an independent audit of the Grantee's records for the most recent thirty sixty (3b) months to determine whether proper Franchise Fees have been paid. If, after resolving any dispute arising from stick audit, the Grantee has made a Franchise Fee under- payment often percent (10%) or more, the Grantee shall reimburse the Grantor for all reasonable costs actually expended in conducting any such audit not to exceed $1,000.00. In other events, the Grantor shall bear all costs and fees, associated with any such audit: the Grantee's books and records concenlin its Gross Revenues and its calculation of E. Inspection. All of g payments to the Grantor, shall be available for inspection by an appropriate officer of the Grantor, or its designee, at reasonable times to determine the amount of compensation due to the Grantor from the Grantee pursuant to this Franchise Agreement. Such records shall be kept so as to accurately show the same. The Grantee shall prepare and make available to the Grantor at times reasonably requested by the Grantor and in the form agreed by the parties, such reports with respect to its Cable System, and the Gross Revenues derived there from. as the Grant©r may deem reasonably necessary or appropriate to determine Grantee's compliance with the material terms and provisions of this franchise. F. Fee Not A Tax. The Franchise Fee payment shall be in addition to any other generally applicable non- discriminatory fees, tax or payment owed by the Grantee to the County or other taxing jurisdiction. Payment of the Franchise Fee by Grantee to the County shall be in addition to any and all generally applicable non discriminatory fees or taxes that are now or may be required hereafter to be paid by any Federal, State, or local Law. - G. No Claim Release. No acceptance of any payment by the County shall be construed as a release or as an accord and satisfaction of any claim the County may have for further or additional sums payable as a Franchise Fee or for the performance of any other obligation of the Grantee under this Article subject to any applicable statute of limitations. J 9 H.~ Failure To Make Payment. In the event that any Franchise payment or installment thereof is not ® made on or before the dates specified herein or in the Franchise Agreement, the Grantee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal.to the commercial prime interest rate of the County's primary depository bank during the period that such unpaid amount is owed. I. Time.--For Payment. Subject-to=applicable law, any- other cost or damages assessed urider the Franchise shall be payable to the County upon demand, unless otherwise provided in the Franchise. ~J. Notice Required. The Grantee shall file no less frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and Subscriber terminal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall provide notice to the Grantor of all filings, reports and petitions to local, State, or.Federal regulatory agencies concerning the Franchise, which are required by 47 CFR 7b.305 of the FCC's rules to be maintained in the Grantee's public inspection file. Upon request, the Grantee shall provide copies of said filings to the Grantor. Section ~. Franchise -Nat FYClusive A. Franchise Not Exclusive. The Grantor reserves the right to grant Franchises to other persons, as well as the right in~ its own name, to operate a Cable System for similar or different purposes allowed the Grantee hereunder. B. Grants to Third Parties. The material terms, provisions and conditions of any Franchise granted to third parties by the Grantor shall conform with Federal and State Law related to cable television and such material terms shall- not be more favorable or less burdensome than the terms hereof .Material terms, provisions and conditions shall include at a minimum, those relating to Franchise Fees, PEG Access support in any form or mannerprovided, the provision of Institutional Networks, liquidated damages, insurance, bonds, letters of credit and similar instruments, reports, Customer Service Standards, computation of Gross Revenues, service to public buildings, Right-of-Wav use conditions and inspection requirements. Any newly franchised cable operator not previously serving in the franchise urea shall be required to provide service to not less than fifty percent (50%) of the cable miles within the franchise area on a non discriminatory basis where the number of occupied homes equals twenty (20) homes per mile. C. Other Communications Services. This .Franchise authorizes the .Grantee to provide, Other Communications Services within the Franchise Service Area pursuant to a Grantee's Certificates of Public Convenience and Necessity issued by the State of North Carolina and/or the FCC. Section 9. No-Waiver A. Non-Waiver. The failure of the Grantor or the Grantee, upon one or more occasions, to exercise a right or to require compliance or performance under this Franchise or any other applicable law shall not be • 10 - t.' deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived. in writing. B. Waiver Not Generalized. Waiver of a particular breach of this Franchise shall not be construed as a waiver of any other breach. Neither the grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the Grantor. No provision of this - -------- Franchise shall operate as a waiver by the Grantor or the Grantee of any right guaranteed by the, Federal or,State constitutions or other applicable law. Section 10. Regulation A. Obligation To Comply: The Grantor shall be vested with the power ,and authority to reasonably regulate. the exercise of the privileges permitted by this Franchise in the public interest. Any failure by the Grantor to promptly enforce compliance with this Franchise in accordance with Federal, State and local Laws and ordinances shall not relieve the Grantee of its obligation to comply with any provision of this Franchise. B. Grantee's Rights. The Grantee's rights, without limiting the Grantor's regulatory authority, pursuant to the Communications Act of 1934, as amended, the U.S. Constitution, the Constitution and Laws of North Carolina, or any other subsequently adopted Federal or State Law, shall not be abrogated or otherwise limited by the Grantor. C. _ Inspection. Following Reasonable Notice, the Grantor reserves the rigla to inspect the installation and maintenance of the Cable System. D. Safety Standards. The Grantee shall comply with all current Federal, State and generally applicable local regulations, applicable to its Cable System, such as the National Electrical Code,_National Electrical Safety Code, traffic safety/lane closure rules and construction requirements promulgated by the State. Secflon 11. Public Right-of--Way 1Jse Conditions A. Cable System Relocation. The Grantor reserves the right, upon Reasonable Notice, to require the Grantee at its expense to protect, support, temporarily disconnect, relocate or remove from the Public Right-of--Way any property of the Grantee by reason of trafllc conditions, public safety, street coristniction or excavation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communication lines, or other types of structure or improvements by governmental agencies for, governmental purposes. Reasonable Notice for purposes of this Section shall be construed to mean at least ninety (90) days except in the case of emergencies where no specific notice period shall be required. The Grantor shall endeavor to notify and seek comment from the Grantee, with respect to minimizing disruption to the Cable System, where public works projects may affect the Grantee's Cable System. B. Relocation Required. The Grantee shall, at no cost to the County, relocate its facilities and equipment. in conflict with County or State projects to upgrade or construct roadways, or other ~J public infrastructure. In the event the County reimburses ,any utility for such relo..cation, then Grantee shall be' similarly reimbursed. C. Right-of--Way Use. Whenever a Public Right-of-Way exists to accommodate the Grantee's Cable System, the Grantee shall make every effort to locate its facilities, other than Subscriber drops; within the Grantor's Rights-of--Way, unless there are legitimate legal; technical, operational, or ra_._. economic reasons fo do otherwise. ~ ~~!_~,. _ _ D. Clear Space. The Grantee shall locate, place and construct its facilities so as.not to interfere with the construction, location and maintenance of sewer or water mains, lines or connections or other public infrastn.icture. E.. Existing Facilities Protection Required. The Grantee shall adhere to all Federal, State and generally ~, ~ ~ ~ applicable local regulations regarding the location; construction; and maintenance of its facilities within- the Public Right-of Way. The Grantee shall take reasonable preventative measures to protect existing. facilities within the Public Rights-of--Way. F. Restoration Required. The Grantee shall restore and replace Landscaped areas within the Public Right, bf Way, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities ~damaQed ~by the Grantee or its contractors with like material to their former condition at.the Grantee's expense, and shall thereafter, from time to time, but no longer than one hundred eighty (180) days from the completion of the job, adjust, f 11 and finish t1~e same as may be necessary due to settling of the earth associated with ` the Grantee's disr~iption of the Public Rights-of--Way. G. Facilities Location Required. The Grantor, in its sole discretion, may require without cost to the Grantor the Grantee to locate and identify its facilities within the Public Rights-of Way. In the event the County reimburses any utility for such, relocation, then Grantee shall be similarly reimbursed. Section 12. Requirement for Underground tnstaliations A.. Underground Installation Required. All installations shall be underground in those areas of'the County ; - where- all utilities and cable serving the area are underground at the time of installation. Where the system is installed underground, the construction plans shall show all underground utilities and cables and their depth andprofiles. In areas where other utility facilities are above groundat the~'time of installation, a Grantee may install its service above ground on such facilities. ~B. Aerial Construction Requirement. All aerial cables shall be'installed, where possible, parallel with _~ electric and telephone lines. Multiple cable configurations shall be arranged in parallel ,and bundled with.due respect for.engineering considerations. • C: Aerial to Underground Facilities Conversion. At suchtime as all utilities and Cable System facilities serving ari area are required to be placed underground by the County or State, a Grantee shall likewise place its services underground without additional cost to the County, State or individual subscribers so served within the County. In the, event the County reimburses any utility for such relocation, t1-en 12 Grantee shall be similarly reimbursed. Where not otherwise required to be placed underground by this Article or the Franchise, a Grantee's system shall be located underground at the. request of an adjacent property owner, if technologically feasible, provided that the cost exceeding aerial location shall be borne by such property owner. D. Applicable Standard Compliance. A Grantee shall at all times comply with the rules and generally applicable regulations of the North Carolina Utilities~Commission; applicable Federal, State and local regulations; and the standards as set forth in the Franchise and this Article. E. Non-Interference. Interference with Persons, Improvements, Public and Private Property. and Utilities. A Grantee's Cable System shall be located, erected and maintained so that such system shall. not: 1. Endanger or interfere with the health, safety or lives of persons; 2. Interfere with any improvements the County or State may deem proper to make; 3. Interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction, repair or removal; 4. ~ Interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction, repair or removal; and 5. Obstruct, hinder or interfere with any gas, electric, and water or other utilities, cable, telecommunication or telephone facilities located within the County. F. Underground Excavation Requirements. Excavationand Work in Public Rights-of-Way;.Restoration; Damage. 1. A Grantee may install cable by directional boring. A Grantee may excavate or disturb pavement, curb, gutters, sidewalks, driveways, or other surfacing in the Public Rights-of--Way as necessary for directional boring. Manholes and hand-holes shall not be visible in. residential areas .unless approved by the County or the North Carolina Department Of Transportation (N.CD.OT) who may require a route change. Upon written authorization, sidewalks may be excavated for the placement of manholes and hand-holes. 2. Excavations or borings made by a Grantee in the Public Rights-of--Way, pursuant to the Franchise, shall be made in compliance with generally applicable ordinances and regulations of the NCDOT -- and the County in effect at the tune of such excavation. 3. Prior to any excavation or boring in the Public Rights-of--Way, a Grantee shall notify all other utilities that may be affected by such excavation or boring of the nature .of the work to be performed. Additionally, the services of North Carolina One-Call may be used to notify its member utilities. l3 4. In situations deemed by a Grantee to constitute an emergency involving a danger to the public health, safety and welfare, the Grantee shall' notify the County Manager and the County Attorney of the nature, location and potential hazard. ~ . ~. During the installation, repair or removal of a Grantee's Cable System in the Public Rights-of--Way, the Grantee shall .provide at all times proper signs, signal lights, flagmen, barricades, and other warning devices for the protection of pedestrian and vehicular traffic: 6. A Grantee shall exercise due care in the operation, installation; alteration, repair or. removal of its- " system. If any utility or property of the County, real or personal, is damaged, impaired or destroyed as a result of either the negligent or intentional acts of a Grantee, its employees, agents or persons operating under its direction; supervision or control, the Grantee shall be liable to the County for such damages, including but not limitedto the cost to repair or replace the utility or property. 7. Immediately after a Grantee installs or repairs its system, the Grantee shall refill any excavations according to the technical specifications of the NCDOT and the County. A Grantee shall restore and replace landscaping destroyed,. disturbed, or damaged by such work. in accordance with the .technical specifications of the NCDOT and the County -and such restoration is subject to the inspection and approval by NCDOT and the County which approval shall not be unreasonably ~, withheld or delayed. 8. ~ If the installation, alteration, repair or removal of the Cable System in the Public Rights-of--Way reduires the temporary removal of bricks,. grates, trees or other property or materials beloriaing to 'the State and the County, a Grantee shall, until such materials are reinstalled, and in the exercise of due care, store said property or materials in a safe place satisfactory to the State and the County to minimize the risk of damage or theft. a. A Grantee shall preserve and protect all trees .and shrubbery located in the Public Rights-of--Way from. damage by the Grantee. A Grantee shad comply with the regulations of NCDOT and the County concerning the preservation and protection of trees and shrubs. A Grantee shall pay to the State ~r the County the cost of treating, removing and replacing any tree or shrub in the Public Rights-of--Way damaged or destroyed as a result of the work of the Grantee. 10. If a Grantee fails; neglects, or refuses to refill such excavations within seventy-two (72) hours after _ the Cable System has been installed, repaired or removed, or fails: neglects or refuses to restore the landscaping as herein provided within one hundred forty-four (144) hours after the Cable System has been installed, repaired or removed, then after notice by the County. The County may also contract with a third party to do all or such part of said work as may remain undone at the cost and expense of the Grantee. a. t_Jpon completion of the work by the County and after the total cost has been determined, if the amount of a Grantee's deposit exceeds the total cost of the work, any excess will be refunded to the Grantee, without interest, within fifteen { 1 ~) days of official acceptance of the work by the County. If the amount of a Grantee's deposit is less than 100%.of the County's final cost, the • 14 ~~ ~ Grantee shall pay to the County within fifteen (15) days of written notification, such additional amounts as will bring the total funds deposited equal to the total cost of the work. 11. Whenever the County or the North Carolina Department of Transportation or its successor shall plan to widen, modify, close, relocate, -grade or grade any public street, sidewalk, or other public _ ___ _way; in„which a Grantee shall. have. installed any of its Cable System, it shall be the duty of the Grantee, upon reasonable notice by-the proper authority, and at no cost to the County, to remove or relocate as necessary its Cable System. In the event the County reimburses any utility for such relocation, then Grantee shall be similarly reimbursed. 12. A Grantee shall, on the request of any person holding a building moving ,permit issued by the State or County, temporarily raise or lower its lines to permit the moving of buildings. The person requesting the same shall pay the expense of such temporary removal, raising or lowering of lines, and the Grantee shall have the authority to require such payment in advance. A Grantee shall be given not less than fifteen (15) working days' advance notice to an-ange for such, temporary line changes. 13. All necessary easements over and under private property or North Carolina Department of Transportation property shall be arranged for by a Grantee. The County neither promises nor contracts to obtain or acquire Rights-of Way for the construction, installation, maintenance or operation of a Grantee's system. A Grantee shall provide the County with writter. verification of the North Carolina Department of Transportation`s written approval for the Cable System that encroaches upon its Rights-of--Way and owner approval for encroachment alon, any railroad or other Rights-of--Way on private property. ~S;cstion 13. Initial and Continuing Tests A. Proof of Performance Testing. The Grantee, if requested by the Grantor, shall perfornl all tests necessary to demonstrate compliance with the requirernents of 47 C.F.R. § 7b Subpart K All tests shall be conducted in accordance with the FCC's rules at the Grantee's expense. B. As-Built Documents. Upon request, the Grantor shall be provided access to engineering design, construction and "as built" documents in both hard copy (paper) and electronic (data files) formats. Such maps should designate the location of the Grantee's facilities in a mutually acceptable form. The preferred electronic format is one based upon NC State Plane Coordinates NAD 1983. Section 14.Public Education and Government Access Provisions - A. PEG Access Channels. The Grantee shall provide three (3) PEG Access Channels as of the effective date of this. Franchise. One channel .each for Community Access, Educational Access and New Hanover County/Government Access television programs. B. PEG Access Channels shall be made available by the Grantee for use .as provided for herein, 15 j~o by the Grantor and its residents in accordance with the rules and procedures established by the Grantor or any lawfiilly designated person, group, organization or agency authorized by the Grantor for that purpose. C. Program Content. All programming transmitted over PEG Access Channels shall be non commercial in nature. Program material to be distributed on PEG Access Channels shall ` ~ ' `- " - - contain no advertising or commercial content for which consideration of any~kind is received directly or indirectly by the Grantor or by the producer or distributor of such programming. The Grantor may not'enter into a lease, license, contract orarrangement of any kind.whereby the Grantor or its designee allows or requires any Person to .program all or part of a PEG Access Channel in eYChange for consideration of any kind to the Grantor. Program material to be distributed on PEG Access. channels shall: 1. Be produced or provided in pre-produced form by any County resident or produced or .provided by any agency, public or private, serving County residents regardless of t11e location at which the programming originated; and 2. Allow for public expression relating to educational, political, social, or cultural interests of the residents of the County. D. Third Pai•ty PEG Access Management. The Grantor may operate or designate. one or more nonprofit Access Center(s) or agencies to manage and program Access.Chanriels. E. Cost Recovery. .The Grantee shall be permitted to recover all costs of finding Franchise requirements in support of PEG Access equipment, facilities; and Channels including a return on the ftmding as permitted by rules of the FCC. Section 1:5. Transfer of Ownership or Contr©1 A. Transfer of Franchise. ~ Any Franchise granted hereunder cannot be sold, transferred, leased, assigned or disposed of, including but not limited to, by force or voluntary sale, merger, consolidation, receivership or other means without the prior consent of the Grantor, which shall not be unreasonably withheld, provided that the Grantee may transfer the Franchise to an affiliate of the Grantee without consent, but notice thereof shall be provided to the.. Grantor. B. Transfer- Threshold, The Grantee shall promptly notify the Grantor of any .actual or proposed change in or transfer of, or acquisition by any other party of control of the Grantee. The rword "control" as used herein is not limited to major stockholders_,.but includes actual. working control in whatever manner exercised. There shall be a rebuttable presumption of a transfer of control upon the disposal by the Grantee, directly or indirectly,. by gift, assignment, voluntary sale, merger, consolidation or otherwise, of fifty percent (50%°) or more, at one time; of the. ownership or controlling .interest in the Cable System, or fifty percent (50%) cumulatively over the term of the Franchise of such interest to a corporation, partnership, trust or association, or person or group of 16 ,/~~i persons acting in concert. The Grantor shall exercise its power to approve a transfer of ownership or control in a manner consistent with Section 617 of the Communications Act (47 U.S.C. §537). C. Process. F,very change, transfer, or acquisition of control of the Grantee, except a pro forma transfer of assignment contemplated by Section 17A, shall make the Franchise subject to cancellation, unless and until the Grantor shall have consented thereto, which consent shall not be unreasonably. withheld. For the purpose of determining whether it shall consent to such change; transfer or acquisition of control; _. _ "- the Grantor may inquire into the legal; financial, and technical qualifications of the prospective controlling party and the Grantee shall assist the Grantor in any such inquiry. Failure to provide all information reasonably requested by the Grantor as part of said inquiry shall be grounds for denial of the proposed change, transfer or acquisition of control. _ D. Assumption of Control. The Grantor agrees that any financial institution having a pledge of the Franchise or its assets for the advancement of money for the construction and/or operation of the Franchise shall have the right to notify the Grantor that it or a designee satisfactory to the Grantor will take control and operate the Cable System. Further, said financial instihrtion shall also submit a plan for such operation that will insure continued service and compliance with all Franchise obligations during the term the financial instittirtion exercises control over the Cable System. The financial institution shall not exercise control over the Cable System for a period exceeding one (1) year, unless extended by the Grantor at its discretion and during said period of time it shall have the right to petition for transfer of the Franchise.to another Grantee as provided in this Section. E. Regulation of Transfer. The consent or approval of the Grantor to any transfer of control of the Grantee shall not constitute a waiver or release of the rights of the Grantor or the State in and to the streets, or Rights-of--Way and any transfer shall, by its terms, be expressly subject to the terms and conditions of this Franchise. F. Signatory Requirement. Any approval by the Grantor of transfer of ownership, or control shall be contingent upon the prospective franchisee becoming a signatory to the Franchise. Section 16. Force 1VIajeure Iii the event the Grantee's performance of any of the terms, conditions, obligations or requirements of this Franchise is~prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shali be imposed as ~a result thereof, provided the Grantee provides notice to the, Grantor in writing within thirty (30) calendar days of the Grantee's discovery of the occurrence of such an event or within thirty (30) calendar days of the Grantor's notice to the Grantee of a failure to perform occasioned by such cause, which notice explains the circumstances. Such causes beyond the Grantee's reasonable control or not reasonably foreseeable shall include. but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment; inability of the Grantee to obtain access to property easements, Rights-of--Way and inability of the Grantee to secure all necessary permits to utilize poles and conduits so long as the Grantee utilizes due diligence to obtain said permits in a timely fashion. 17 .~ s Section 'i7. Remedies -Forfeiture -Revocation A. Grounds for Revocation. Subject to applicable law, the County reserves the right to revoke a franchise and rescind all rights and privileges associated_with aFranchise in accordance with the procedures set forth in this Article in the following circumstances, each of which shall represent a default and breach under the Franchise: _ I. If a Grantee defaults in the performance of any~of the material obligations under this Article, the Franchise or such documents, contracts and other terms and provisions entered into by and betvveen . the County and the Grantee. 2. If a Grantee faits to provide or maintain in full force and affect the liability and other insurance coverage or the security fund as required in this Article. ' 3. If a Grantee violates any orders or rulings of any Federal or State regulatory body having jurisdiction over the Grantee relative to this Article or the Franchise and after notice thereof ~.. shall continuethevioiation and not remedy the same within sixty(60) days. 4. If a Grantee attempts to evade any ofthe provisions of this Article or the Franchise or practices any fraud or deceit upon the County or Grantee's subscribers. 5. If a Grantee becomes insolvent or is adjudged bankrupt. 6. If a.Grantee misrepresents material facts in the application for or negotiation of the Franchise or any extension or renewal thereof. . 7. If the transferee of a Grantee fails or refuses to accept the Franchise as required in this Article. B. :Effect of Cia•cumstances Beyond Control of Grantee. A Grantee shall not be declared at fault or be subject to any sanction under any provision of this Article in any case in which performance of any such provision is prevented for reasons beyond a Grantee's control. A fault shall not be deemed to be beyond the Grantee's control if committed by a corporation or other business entity in which the Grantee holds a controlling interest whether held directly or indirectly. C. Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction .over a Grantee shall not excuse the Grantee from the performance of its otherobligations~under this Articleor the Franchise. The Cotmty and Grantee will abide by the terms of any stay order issued by a court of competent jurisdiction. D. Procedure Prior to Revocation. I.~ The County shall make written demand that a Grantee comply with any material requirement, limitation, term condition; rule or regulation or correct any action deemed cause for revocation. If the failure, refusal or neglect of a Grantee continues without exercise for a period of thirty (30) days • 18 .'.~„ ~' following such written demand, the County shall place its request for termination of the Grantee's Franchise upon a regular council meeting agenda. The County shall cause to be served upon such Grantee at least thirty (30) days prior to the date of such council me-eting, a written notice of this intent to request. such termination, and the time and place of the meeting, notice of which shall be published by the County Clerk at least once, seven (7) days before such meeting, in a newspaper of general circulation within the County. 2. The County Board shall hear any persons interested in the franchise and shall determine, in its discretion, reasonably exercised, whether or not any failure, refusal or neglect by the Grantee was with just cause. 3. If such failure, refusal or neglect by the Grantee was with just cause, as reasonably defined by the County, the County Board shall direct the Grantee to comply within such time and manner and upon such terms and conditions as are reasonable. E. if the County Board shall determine such failure, refusal, or neglect by the Grantee was without just cause, then the council shall, by resolution, declare that the Grantee's Franchise shall be terminated and the performance bond and letter of credit forfeited. Grantee s11a11 have the right to appeal the Grantor's decision to a court of competent jurisdiction. The Grantee shall have the right to appeal any such decision to a court of competent jurisdiction. F. Disposition of System. In the event a Grantee's Franchise is revolted or othertivise terminated, the County Board may in its sole discretion order the removal of the Cable System from the County within a reasonable period of time as determined by the County Board or require the original Grantee to maintain and operate its system as set forth in subsection {I) hereinafter. G. Restoration of Property. In removing its Cable System, Grantee shall. not excavate or disturb pavement, curb, gutters, sidewalks, driveways, or other surfaces in the Public Rights-of-Way. The Grantee shall refill, at its own expense, any excavation and boring that shall be made by it and shall leave all public ways in as good a condition or better as that prevailing prior to the Grantee"s removal of its Cable System without affecting the electrical, television, telephone or othertelecommunicationcable, wires or attachments or the utilities. The County shall inspect and approve the condition of the public rights-of way and cables, wires, attachments, and poles after removal. The liability, indemnity, insurance, performance bond and letter of credit as provided herein shall continue in full force and effect during the period of removal until full compliance by the Grantee with the terms and conditions of this paragraph and the Franchise. H. Abandonment. If such removal and restoration is not completed by Grantee within one hundred eighty (180) days after notice by the County, all of the Grantee's property remaining in the Public Rights-of--- Way shall, at the option of the County, be deemed abandoned and shall, at the option of the County, become the property of the County. I. Restoration'oy County: Reimbursement of Costs. In the event of a failure by the Graniee to complete any work required by paragraph {f) above, or any other work required by County ordinance, within the time as may be established and to the reasonable satisfaction of the County, the County may cause such - work to ~be done and the Grantee shall reimburse the County the cost thereof within fifteen {1S) days 19 ,~ ~~ after receipt of an itemized list of such costs or the County may recover such costs from the security fiord provided by Grantee. The County may also seek legal and equitable relief to enforce .the provisions of this Section. J. Extended Operation.' Upon either the expiration or revocation of the Franchise, the County may require the Grantee to continue to operate the system for a period of six (6) months from the date of such expiration or revocation, or until such time as is mutually agreed upon by the-County Board.and-the=~--- -- Grantee. ' . K. The Grantor shall give the Grantee thirty (30) calendar days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If the Grantee cures the problem within the thirty (30) day notice period, or if the Grantee initiates substantial effort to remedy the stated problem, and the efforts continue in good faith, then the Grantor shall not have the right to declare a forfeiture of the Franchise. If the Grantee fails to cure the stated violation within the thirty (30) day notice period, or if the Grantee does not undertake efforts reasonably satisfactory fo the Grantor. to remedy the stated violation, then the Grantor, upon thirty (30) calendar days notice to the Grantee, shall schedule a public hearing to determine whether the Grantor should declare a forfeiture of this Franchise. At such hearing, The Grantee shall have the right to be heard and present evidence. The Grantor shall issue a written decision, based on the evidence in the record, setting forth its findings of fact and conclusions of law. The Grantee shall have the right to appeal any such decision to a court of competent jurisdiction. Section 1~. Receivership and I+'oreclosure - A. Termination by Insolvency. Any franchise shall, at the option of the County Board, cease and. terminate one hundred twenty (120) days after the appointment of a receiver or trustee to take over and . conduct the business of a Grantee wwhether in a receivership, reorganization, bankruptcy or other action ' or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or. unless: Such receiver or trustee shall have, within one hundred twenty (I20) days after their election or appointment, fully complied with all the terms and provisions of the Franchise, and the receiver or trustee. within said one hundred twenty (120) days shall have remedied all. defaults under the Franchise; and 2. Such receiver, or trustee shall, within said one hundred twenty (120) days, execute.an agreement duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound. by each and every term; provision and limitation of the Franchise. B. Termination by Judicial Action. In the case of a foreclosure or other judicial sale of the plant, property and equipment of the Grantee or any part thereof, including or excluding the Franchise, the County may serve notice of termination upon the Grantee and the successful bidder at such sale, in which event the Franchise and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, unless such successful bidder has formally agreed to assume and be • 20 ,/~''~ bound by all the terms and conditions of the Franchise Agreement as ,well as satisfy any other conditions the County Board may deem necessary. Section 19. Expiration and Renewal Applicable State and Federal Law shall govern renewal of this Franchise. Section 20. Forum for Litigation Any litigation between the Grantor and the Grantee arising under or regarding this Franchise shall occur, if in the State courts, in the New Hanover County Superior or District Court having jurisdiction thereof, or ~if in the Federal courts, in the United States District Court for the Eastern District of North Carolina. .Section 21: Notice Any notice provided for under this Franchise steal I be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Nlail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing:. - If to the Grantor: County Manager New Hanover County 320 Chestnut Street, Room 502 Wilmington, NC 28401 If to the Grantee: General Manager Charter Communications 9~ Hampstead Village Hampstead, NC 28443 Vice President Government Relations Charter Communications , 12405 .Powerscourt Drive St. Louis, MO 631.31. Section 22. Severability -- If anv Section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, declared invalid, in whole or in part, by any. court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in fiill force and effect. 21 / ~~ • • Section 23. Discrimination The Grantee shall not discriminate in any manner on the basis of factors prohibited by Law. Section 2~. Divestiture ' This Fraricliise shall not divest the"Grantor of any-right.or interest in the Public Rights-of-Way Section 25. Letter of Credit or Bond ' A. Letter' of Credit or Bond Required. Within thirty (30) calendar days .following the award of the Franchise, the Grantee shall deposit with the Grantor a letter of credit from a financial institution, approved by the Grantor's Finance Director or designated representative, in the amount of $50,000 or a bond in the amount of $50,000. The form and content shall be approved by the Grantor's attorney,. which shall not be unreasonably withheld. The letter of credit or bond shall be used to~ insure the faithful performance of theGrantee~of all provisions of the Franchise, and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the Grantor exercising jurisdiction over the Grantee's acts or defaults; ahd;payment by the Grantee of any penalties; claims, liens, liquidateddamaQes, fees due the Grantor. B: Forfei~ttire. If the Grantee fails to pay to the Grantor any compensation, not in dispute, due the Grantor ~- within the time fixed herein: or fails, after thirty (30) calendar days written notice~to pay to the Grantor any penalties, claims, liens, liquidated damages, fees due the Grantor, such failure by the Grantee can be remedied by demand on the letter of credit or bond. The Grantor may immediately request payment of the amount due from the letter of credit or bond. Upon such rec{uest for paymment, the Grantor shall notify the.Grantee of the amount and date thereof. C. Maintenance.. The letter of credit or bond shall be maintained at the amount indicated in Section 25A " above during the entire term- of the Franchise unless modified in accordance' with the procedures provided for in Section 37 of this Franchise Agreement. In the event that amounts are withdrawn ` pursuant to this Section, the, Grantee, shall~take any required action to restore the., letter of credit or bond to the original amount within ten (.10) business days of notification by the' Grantor of"its withdrawal against the -letter of credit or bond. D. Reservation of Rights by Grantor. The rights reserved to the Grantor with respect to the letter of credit .or bond are in addition to all other rights of the Grantor, whether reserved by the Franchise, or authorized by Law; and no action, proceeding or exercise of aright with respect to such a letter shall "affect any other right the Grantor may have." E. Endorsement. Upon approval by the banking facility, the letter of credit or bond shall contain the " following endorsement: • 22 ~~ '7t is hereby understood and agreed that this letter of credit or bond shall not be canceled by the surety or comparry nor the intention not to renetiv be stated by the surety or company until thirty (3U) calendar days after receipt by the Grantor, by registered mail, of a written notice of such an intention to cancel or not to renew. " F. Renewal. The Grantee shall renew the letter of credit or bond not less than thirty (30) calendar days prior Co its expiration and provide a copy of the renewal to the Grantor. Failure to comply with this provision shall entitle the Grantor to draw down the letter of credit or call upon the bond in its entirety. Section 25. Remedies And Liquidated L)amages A. Injury to Grantor. Because the Grantee's failure to comply with provisions of this Franchise will result in injury to the Grantor, and because it will be difficult to estimate the extent of such injury, the Grantor and the Grantee hereby agree to the following liquidated damages, which represent both parties' best estimate of the damages resulting from the specified injury. Damage, amounts may be adjusted throughout;term of Franchise by the Grantor upon resolution by the County Board to compensate for increases in the Consumer Price Index.. B. Failure to Construct. For failure to complete construction to residences within the Service Area or extend service in accordance with Section 5: One h~~ndred dollars ($100:00) for each offense. A separate and distinct offense shallbe deemed committed each calendar day on which a violation occurs or continues; t C. Failure to Submit Records. For failure to submit reports, maintain records, provide documents or information: one hundred dollars ($100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; D. Failure to Comply with Customer Service Standards. For repeated, willful or continuing failure to comply with material requirements of the Customer~Service,Standards; one hLmdred dollars {$100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs. or continues; E. Failure to Comply with. General Requirements. For failure to comply with any provision herein for which a penalty is not otherwise specifically provided: one hundred dollars ($100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues. F. Due Process. Penalties.will commence to accumulate only for days of non compliance that occur after the Anal date set by the Grantor for achieving compliance.. Such date shallbe set at a, public hearing of which the Grantee is given at least thirty (30) days notice and at which it has.an opportunity to be heard. No penalties will be assessed for a violation existing prior to the expiration of the time period set by the Grantor herein for correcting the defect. 23 ,~ '~ G. Waiver of Penalties. Consistent with Section 16, the Grantor shall stay or waive the imposition of any penalties set forth herein upon a finding that any failure or delay is the result of an act of God or due to circumstances beyond the reasonable control of the Grantee. H. Imposition~Procedure. l :. Whenever the County finds that a Grantee has violated one or more terms, conditions or provisions - . - -- of this- Article or the Franchise, a written notice shall be sent to Grantee.. informing it of such violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the Grantee an opportunity to remedy the violation. Grantee shall begin corrective ~. action within thirty (30) days after receipt of such notice. Grantee may, within thirty (30) days of receipt of notice, notify the County that there is a dispute as to whether a violation or failure has, in fact, occurred; provided, however, that if the last day of the thirty (30) day period falls on a day on which the County is closed, the period shall be extended to include the next day on which County is open for .business. Such notice by Grantee to the County shall specify with particularity the matters disputed by Grantee and shall stay the running of the .above-described time. In the event Grantee fails to request a hearing, then Grantee shall be deemed to have waived any defense •whatsoever to the violation alleged. a. The County or its designee shall hear Grantee's dispute at a meeting called in a timely manner. Grantee .shalt be afforded reasonable notice of the meeting and afforded a reasonable opporttmity to participate in and be heard at this meeting. The County or its designee shall supplement any decision with written findings of fact. b. If after hearing the dispute the claim is upheld by the County Board, the Grantee shall have five (~) days from such a determination to remedy the violation or failure. At any time after that five-clay period, the County may draw against the security fiord all damages due it as determined by the County Board. 2. The time for a Grantee to correct any violation or:liability may be extended by the County if the necessary action to correct such violation or l lability, is of such a nature of character to require more .than five {5) days within which to perform, provided Grantee commenced the corrective action within the five-dayperiod and thereafter uses reasonable diligence, as determined by the County, to correctthe violation or liability.. . . 3. Thee rights reserved to the County with respect to the security fiord are in addition to all other rights of the County whether reserved by the Franchise or authorized by Law, and no action, proceeding or exercise of a right with respect to such security find shall affect any other right the County may have. Section 270 l~ecnedies - ~urr~ulatave _ All remedies provided under this Franchise or the enabling ordinance shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall it relieve the .~ _ . 24 ,~- Grantee of its obligations to comply with the Franchise Remedies may be used singly or in combination; in addition, the Grantor may exercise any rights it has under applicable Law. However, in no event shall the exercise of remedies result in a double recovery to the Grantor. Section 28. Books and Records A. Right to Inspect. The Grantor may inspect the books, records, maps, plans, and other documents, including financial documents, in the control or possession of the Grantee, affiliates, or any person that constitutes an operator of the Grantee's Cable Systems 1. To enforce the Grantor's rights or evahiate compliance with the Franchise and applicable law, 2. In the exercise of any lawful regulatory power, or 3. As maybe convenient in connection with any proceeding the Grantor may or must conduct under applicable law in ~aceord'ance with the terms of this Franchise. B. Document Duplication. The material may be duplicated at the Grantor's facilities finless the Grantee agrees to make inspection and copying available at some other place. Material that the Grantor requires the Grantee to produce under this Section shall be produced. upon Reasonable Notice, no later than thirty (30} calendar days after the request for production. Requests for exterisions of time to respond shall not be unreasonably denied. C. Confidentiality. The Grantee may request that the Grantor treat any books, records, maps, plans and other documents of the Grantee containing trade secrets or proprietary information as confidential under the North Carolina Public Records Law. To the extent authorized by the Public Records law and other applicable State. and Federal Law, the Grantor shall, maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor receive a request to review the Grantee's records or books under the North Carolina Public Records Law, it will promptly notify the Grantee and provide an opportunity for the Grantee to raise an objection; demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. However, any action taken by the Grantee to protect its records or information shall be done at no cost or liability to the Grantor. ' D. Boundary Adjustment Notice Required. The Grantor shall provide prompt notice of additions or deletions to its boundaries to the Grantee. To determine whether the Grantee is remitting Franchise Fees based upon revenues received from its customer(s) to the proper Local Franchising Authority, the -- Grantee shall cooperate with the Grantor by providing such information as it liar reasonably available regarding its customers' addresses consistent with 47 U.S.C. §551. E. Supplemental Records. In addition to reports re-quired by this Franchise, the Grantee shall maintain records of the following: 1. Semiannual FCC proof of performance testing;. and 25 2. Records demonstrating compliance with the Customer Service Standards. Section 29. Reports and Other Requirements A. Upon Request, the Grantee shall provide the following to the Grantor: 1. Franchise Fee Report. A quarterly Franchise Fee report listing revenues by category and the . number of subscribers shall be filed with the County together with the Franchise .Fee payment. 2. Annual Financial Report. Within ninety (90) calendar days after the close of the Grantee's fiscal year, a written annual report setting forth Gross Revenues received by category for said fiscal year certified by an official of the Grantee. Upon request of the Grantor, the Grantee shall famish to the Grantor a copy of the most recent annual report, including a financial statement, of the Grantee or its parent entity. 3. Notification of Civil or Criminal Proceeding. A copy of any notice of deficiency, forfeiture, or other document issued by any State or Federal agency which has instituted any investigation or civil or-criminal proceeding naming the Cable System, the Grantee, or any operator of the Cable System, to the extent the same may affect or bear on the operations of the Grantee's Cable System. ~: Bankruptcy Notification. A copy of any request for protection under banla•uptcy laws, or any judgment related to a declaration of bankruptcy by the Grantee, any affiliate that controls or manages the Grantee, or any operator of the Cable System. Section 30. Inspection of Cable System The Grantor may inspect the Grantee's Cable System; and upon reasonable notice, inspect the distribution facilities and equipment of the Cable System. If, based on Subscriber complaints or its own investigation, the Grantor finds that the Cable System's operation is out of compliance with the Franchise or applicable Federal rules, it may require the Grantee to perform tests, prepare a report and present to the Grantor the results of those tests. The Grantee shall identify any problem found, advise the Grantor of the remedy it intends to pursue to correct the problem, the action to remedy the problem, and provide copies of test data to show that the problem has been con•ected. Section 31. Insurance A. Proof of Insurance Required. Within thirty (30) calendar days following the effective ,date of the :Franchise, the Grantee shall provide proof of the required insurance. The Grantee shall maintain this insurance throughout the Franchise term. Insurance shall include, in amounts not less than those indicated herein: 1. Worker's compensation coverage for all employees with statutory limits in compliance with applicable State and Federal Laws. The policy shall include employers' liability with a limit of five hundred thousand dollars ($500;000) for each accident; 26 2. Comprehensive general liability with a minimum limit of rivo million dollars ($2;000,000) per occurrence [four million ($4,000,000) aggregate] combined single limit ,for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, and subcontractors and/or completed operations, broad form property damage, XCU coverage, and a contractual liability endorsement; and 3. Business auto policy shall have minimum limits of one million dollars ($1,000,000) per occurrence combined single limit for bodily injury liability and property damage .liability. This shall include owned vehicles, hired and non-owned vehicles. 4. An umbrella policy that shall have minimum limits of five million dollars ($x,000,000) per occurrence B. Coverage Limits. The insurance coverage necessary to comply with this Section shall be approved by the Grantor; (such approval not to be unreasonably withheld) and copies of such insurance policies (or ce--tificates of insurance) shall be filed with the Grantor. C. Grantor as an Additional Insured. The Grantor shall be named as an additional insured as its interests may appear. Section 32. Indemni#ication ~ ,/ A. Release, Indemnity and Hold Harmless. As a condition of the grant of a franchise; the Grantee shall release, indemnify, keep and save harmless the County; its agents, officials and employees, from any and all responsibility or liability for any and all damage or injury of any kind or nati.ire whatsoever (including death resulting therefrom) to all persons, whether agents, officials or employees of the County or third persons, and to all property proximately caused by, incident to, resulting from, arising out of, or occurring in connection with, directly or indirectly, the design, construction, installation, maintenance, or operation of a telecommunication system by the Grantee (or by any persons acting for the Grantee or for whom.the Grantee is or is alleged to be in any way responsible), whether such claim may be based in whole or in part upon contract, tort (including alleged active or passive negligence o.r participation in the wrong), or upon any alleged breach of any duty or obligation on the part of the Grantee, its agents, officials and employees or otherwise. B. Claims. The provisions of this Section shall include: -; Any claims for equitable relief or for damages (compensatory or punitive) against the County, its agents, officials, and employees including alleged injury to the business of any claimant and shall include any and all losses, damages, injuries, settlements; judgments, decrees, awards, fines, penalties, claims, costs and expenses. Expenses as used herein shall include without limitation the out-of-pocket costs incurred by the County, its agents, officials and employees, in connection with 27 ~~ investigating any claim or defending any action, and shall also include reasonable attorneys' fees by reason of the assertion of any such claim against the County, its agents, officials or employees; 2. Anv claim for invasion of the right of privacy, for defamation of any person, fine or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and . -~- • 3. .Any claims arising out of Grantee's failure to comply with the provisions of any Federal, State, or___~____. _. _ _ generally applicable local statute, ordinances or regulation applicable to Grantee. in its business. C. Broad Construction. Any security fiend or insurance protection required by the Grantee or the County, ~in no way shall limit the Grantee's responsibility to release, indemnify, keep and save harmless and. ~' defend the County as herein provided. The intention of this Article is to apply and construe broadly in favor of the County the foregoing provisions subject to the limitations, if any, set forth in North Carolina General Stat<rtes §22B-1. D. In order for the County to assert its rights to be indemnified and held harmless. the County must: 1. Prorrtptly notify Grantee of any claim or legal proceeding which gives rise to such right; 2. Afford Grantee the opportunity to participate in and fully control any compromise; settlement, resolution or disposition of such claim or proceeding; and 3.' Fully cooperate in. the defense of such claim and make .available to Grantee all such information under its control relating thereto. F.. Grantee shall not be required to hold harmless and indemnify the County for any claims arising out -~ o~f~the negligence of the Grantor, its agents. officials and employees. Sec#ion 33: Emergency Alert System The Grantee shall install and maintain an Emergency Alert System (EAS) pursuant to FCC's rules and the North Carolina Emergency AlertSystem Plan. The Grantor's Public Safety Communication Center shall be .provided with access to the system so that it can communicate emergency messages and alerts to residents consistent with the North Carolina Emergency Alert System Plan. The emergency alert system. shall be acti~~ated by the Grantee pursuant to Section VI (B) of the North Carolina Emergency Alert System Plan. Sec#ion 34. Service to Public Buildings The Grantee shall, upon request, provide Cable Service and other communication services to Public Buildings located within one hundred fifty feet~(150') of the Grantee's existing Cable System;, provided, .however, if adequate underground conduit is provided bythe requesting public agency, the Gralitee shall, upon request, provide Cable Service to Public Buildings within two hundred fifty feet (250') from the Grantee's Cable System; provided however, the Grantee shall not be required to provide internal wiring, . distribution lines or facilities other than to a demarcation point for video or data distribution internal to the • ~s ,~ ~'- Public Building. All charges for installation and provision of Cable Services and Other Communication Services to such Public Buildings shall beat the Grantee's then current rates; provided, however, that free Basic Service shall be provided to those locations listed on Exhibit B. To the extent services are provided to Public Buildings, neither the Grantor nor any other person may resell such services. Nor shall any person., organization or other entity receiving free or reduced cost services or connections, extend such service or connection to other persons or locations without written approval by the Grantee. Section 35. ;Five -Year Review: Performance 1dIonitoring A. Anniversary Review. During the year in which commences each fifth anniversary of the effective date of the Franchise, the Grantor may commence a review .of the Grantee's performance under the Franchise. As part of this review, the Grantor may consider: 1. Whether the Grantee has complied with its material obligations under the Franchise and applicable Law: 2. Whether Customer Service Standards, technical standards, or bond or security fund requirements are adequate or excessive: and 3. Other issues as may be raised~bythe Grantee, the Grantor, or the public. B. PublicHearings. The Grantor shall conduct public. hearings to provide the Grantee and.the public the opportunity to comment on the Grantee's performance and other issues considered as part of the five- year review. C. Franchise Modification. Any amendment to the Fr~mchise which either-the Grantor or the Grantee wishes to make as a result of Franchise review activities shall be proposed under the procedures established herein. D. Good Faith. The Grantor and the Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other parry for changes in the Cable System or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise, or with applicable law or .regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise. Section 36. Equal Opportunity Policy A. Equal Employment Opportunity. The Grantee shall afford equal employment opportunity to all qualified persons, and no person shall be discriminated against in employment because of race, color, religion, age, national origin, sex, or handicap. .Grantee shall comply with all equal opportunity provisions enacted by Federal, -State and local authorities, as well as all such provisions contained in this Article and the Franchise. 29 ~°,~ °"~ B. Local Employment and Procurement Practices. Whenever practicable and economically feasible, services, personnel, hardware, and supplies for the construction, maintenance and operation of the system shall be procured from the Grantee's Service Area. . Section 37. Amendments Except as otherwise noted herein, no provision of this Agreement shall be amended or otherwise modified, in whole or in part, except by a v~~ritten instrument duly executed by the Grantor and the Grantee. Such instrument shall be authorized on behalf of the Grantor through-the adoption of an appropriate resolution or order by the Grantor, as reduired by applicable law. If this Agreement is amended, any part of this Agreement not necessarily changed by the amendment shall remain in full force and effect. Section 38. Con#lict with Cable Regulaforg- ordinance In the event of any conflict bet`veen the teems and conditions of this Franchise Grdinance and the provisions of the New Hanover County Code, Chapter 50, Telecommunications Article II, Cable Communication, the terms of this Franchise shall prevail. • • Section 39. Complete Agreement This Agreement, together.with the provisions of the New Hanover County Code, Article VI. CAT~1 Regulations, constitutes the. entire agreement of the parties and supersedes all prior representations wlether oral or written with respect to the rights of the parties.. Section ~0. Reservation of Rights , Notwithstanding any other~provision of this Franchise, the Grantor and the Grantee reserve all rights that they may possess under the lave unless expressly waived herein. 30 ,~~ Section 41. Grant This Franchise is issued to Charter Communications pursuant and subject to the conditions and requirements and applicable Federal, State and local Laws. This Franchise bestows upon the Grantee the authority to construct, maintain and operate a Cable System, to offer Cable Services and Other Communications Services within the County. This Franchise Ordinance shall take effect immediately upon adoption. Passed on First Reading Passed on Second and Final Reading and Adopted IN WITNESS tiVHEREOF, the undersigned have caused this Agreement to be executed. ATTEST Bv: County Clerk COUNTY OF NEW HANOVER By: Ted Davis, Jr., Chairman APPROVED AS TO FORM seat By: 31 Wanda M. Copley, County Attorney ~' This Franchise and all of its terms and provisions sliall`be accepted by the Grantee in writing,in the , form hereinafter set forth within thirty (30) days of the grant of this Franchise by the County. Board and when accepted shall be filed with the County Clerk who shall record the same in the Book of Ordinances. Such written acceptance may be upon or at the end of a copy of this Ordinance and it shall state and express the acceptance of the said Franchise and its terms,-conditions, and provisions; ~:---- --- - .---- and the Grantee shall agree in said written acceptance to abide by, to observe and to perform the same according to al of its terms and provisions, subject to applicable State and Federal Law, and shall declare that statements and recitals contained on said Franchise are correct and that it has made and does. make the agreements and statements set forth in this Franchise. Acceptance herein referred to shall be in the following form:. - The .undersigned, David McCall, in his capacity as the Vice President of Operations for. the Southeast Region of Charter Communications, does hereby accept and approve the foregoing and attached Franchise and all of its terms and conditions; and in consideration of the benefits and privileges granted to it does hereby, agree to abide by, carry out, observe; .acid perform all of the obligations and things provided to be carried out and performed by it in said Franchise approved by the County Board, subject to applicable State and Federal Law. . This the day of !. . 2002. • Vice President of Operations STATE OF NORTH CAROLINA ss. COUNTY OF NEW HANOVER On the day of 2002, before me a Notary Public in and for the.County . and State aforesaid; personally appeared David McCall, the .Vice President of Operations for the Southeast Region of Charter Communications and on behalf of said Company, acknowledges the signing and execution of the foregoing instniment. I~l TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed by notarial-seal on the day and year first above written. My commission expires: Notary Public 32 exhibit A Customer Service Standards 1. Subscriber Privacy In accordance with 47 _U.S.C. X551, the Grantee _shall, no_ less than annually, provide a privacy notice in the form of a separate written statement to subscribers as required by the provisions of the Act. 2. Employee Identification When calling in person on Subscribers or other residents, all employees or authorized representatives of the Grantee are required to display an employee identification card with their naive, photograph and signature, and a telephone number that can be used for verification. of the representative's capacity with the Grantee. The Grantee's vehicles shall display the. name of the cable company in easily distinguishable alphanumeric characters. The Grantee. shall make a reasonable effort to-cause its subcontractors' vehicles to be identified in a like fashion. 3.Office and Telephone Availability A. Knowledgeable, qualified company representatives will be available to respond to customer telephone Monday through Friday during normal business hours. Additionally, based on community needs, the Grantee will staffrts telephones for supplemental hours on weekdays and/or weekends. B. Under normal operating conditions, telephone answer time b_y the Grantee's customer service representatives, including wait time required to transfer the call, shall not exceed thirty (30) seconds. This standard shall be met no less than ninety percent (90%) of the time measured on an annual basis. C. Under normal operating conditions, the customer shall receive a busy signal less than three percent of the total time that the Grantee's office is open for business. D. Customer service center and bill payment locations operated. by the Grantee shall be open :for transactions Monday through Friday during normal business hours. Additionally, based on community needs, the Grantee shall schedule supplemental hours on weekdays and/or weekends during which these centers shall be open. E. The Grantee shall be responsible for adopting and implementing Subscriber. complaint procedures, and for advising Subscribers of the availability of these procedures. The procedures shall be designed to resolve Subscriber complaints in a timely and satisfactory manner; to develop sensitivity and responsiveness to subscriber needs by the Grantee and its management; and to improve the quality and dependability of services to Subscribers by the Grantee. c . ` Established complaint procedures shall include: specific provisions permitting Subscriber repair or service complaints to be received by telephone riventy-four (24) hours each day and seven (7) calendar days each week; permitting Subscriber repair service complaints to be received at the Grantee's business office from 8:00 A.M. until 7:00 P.1V1. on Monday through Friday of each week and from 9:00 A.M. until 1:00 P.M. on Saturday; and the address of the Grantee's business office. 4. Installations, Outage and Service Calls Under normal operating conditions, each of the following standards shall be met no less than ninety-five percent (95%) of the time measured on an annual basis. A. Standard installation shall be performed within seven (7) business days after an order has been placed. "Standard" installations are up to one hundred fifty (150) feet from the existing distribution system. B, Excluding those situations beyond the control of the Grantee, the Grantee shall respond to service interruptions promptly and no later than twenty-four. {24) hours after the interruption becomes known to the Grantee. The Grantee must begin actions to correct other service problems the next business day after notification to the Grantee of the service problem. C. The "appointment window" alternatives for installations, service calls, and other installation activities shall be: 1) morning, 2) afternoon, or 3) all day during normal business hours. Additionally, based on the community needs, the Grantee shall schedule supplemental hours during which appoiniments can be set. D. If; at any time an installer or technician is riinnin~? late, an attempt to contact the customer shall be made and the appointment rescheduled as necessary at a time which is convenient for the customer. E. The Grantee shall render efficient service, make repairs promptly and. interrupt service only for good, cause and for the shortest time possible. Such interruptions not within the midnight. to 6:00 A.M. period, insofar as possible, shall be preceded by a notice to Subscribers. F. :The Grantee office and technical personnel, in lieu of answering devices; shall receive customer calls during business hours and respond to all customer complaint calls until - 10:00 P. M. on normal business days. After 10:00 P. M. on any day, trained technicians shall respond to calls if three (3) or more complaints are received by Subscribers served by a common distribution system. • ii • '~ 5. Communication, Statements, Refunds, and Credits A. The Grantee shall provide written information in each of the following areas at the time of installation and at any future time upon request: * products and services offered * prices and service options * installation and service policies * how to use the Cable Service B. Subscriber billing statements shall be clear, concise and understandable. Such statements shall reflect all services and fees in an itemized fashion. C. Refilnd checks shall be issued promptly, but no later than the earlier of thirty (30) calendar days or the customer's nett billing cycle following the resolution of the request or; if service was terminated thirty (30) calendar days from the date of the return of the equipment supplied by the cable company. D. Customers shall be notified in writing a minimum of thirty (30) calendar days in advance of any rate or channel change, provided the change is within the control of the Grantee. E. The Grantee shall provide outage credit to Subscribers in accordance with the following policy: Upon notification, should the Grantee fail to correct a service outage problem -within its control -within 24 hours after having receipt of such notice, The Grantee shall credit 1/30th of the monthly charge for the affected service for each 24-hour period or fraction. thereof following the first twenty-four (24) hour period during -which the Subscriber experiences service outage. Subscriber must advise the Grantee of the duration of the ser<~ice intemtption for which credit is sought in order to receive such credit. Reasonable Notice for the purpose of this provision shall mean written, telephonic (voice), facsimile or e-mail communication to the Grantee. F. Late fees shall not be assessed earlier than thirty (30) calendar days past the billing cycle due date. 6. Complaint -Appeals ~ ' A. Upon notification by a Subscriber of an unresolved complaint, the Information Access Manager shall determine the facts of the complaint by obtaining information from the Subscriber and the Grantee and shall act to resolve the complaint in a manner consistent with the Grantor's authority. iii `~ B. The cable Subscriber may .register a complaint with the County, regarding rates or associated equipment rental, and the County may file a formal complaint with the Federal ' Communications Commission as provided by FCC regulations.. iv ~. ,pri~~, ~` Exhibit B Government, Education and Public Agencies Scheduled ~'o Receive Broadband And Cable Services This Table identifies sites the Grantor may choose to have served by the Grantee to provide high speed data exchanges among and between local governmental offices and/or with.Basic Cable Service. The locations are not inclusive, new sites may be added while others are decommissioned during the term of the Franchise. Other County facilities may be added in the firture as the Grantor may extend its Cable System in the County from time to time. Facilities To Be Served Site Name Location/Address I-Net Cable TV (YeslNo) (Xes/No) Library-Myrtle Grove 5144 South College Rd., Wilmington Y Y Library-Carolina Beach 300 Cape Fear Blvd., Wilmington Y Y Federal Point VFD #91 814 Charlotte Ave., Carolina Beach Y Y Myrtle Grove VFD #31 5636 Carolina Beach Rd., Wilmington Y Y r~ A ~u _, ~ ~~ -NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR. BOARD ACTION Meeting Date: 05J06/02 Regular Item #: 14 Estimated Tirne: Page Number: . Department: IT Presenter: Dexter Hayes, Planning Director Contact: Dexter Hayes, Mike Arkinson SUBJECT: - PUBLIC HEARING: _ Approval of Street Addressing Standards and Procedures and Adoption of Amended Ordinance, Chapter 47, Article IV", Section 47-109 BRIEF SUMMARY: Assigning proper addresses and house numbers is extremely important for many functions, e.g. _ billing and 91 1 .response: The present system of assignment of street names and numbers has led to some inconsistencies and confusion. Many large communities adopt appropriate numbering systems aimed at avoiding confusion . This Addressing Standards and Procedures Manual is being presented to the. Board for recognition as an official document detailing the operational addressing ' procedures for New Hanover County. The purpose of this document is to set standards far ' addressing, by providing guidelines by which house numbers _and street names can be assigned, - recorded, and maintained. It is also critical for people to adequately display house.numbers. The amendment to the Ordinance states the conditions of enforcement of County Code ,Chapter 47, Article 1V, House Numbers, Procedures and Display of Official Numbers. There presently are no sanctions for violators of this section of the code. Appendix 8 on p. 47 of the report provides .additional information. In practice, a homeowner would be given several notices of violators before a fine would be imposed. This item was previously .presented to the Board at which time the Board requested a public hearing. RECOMMENDI=D MOTION AND REQUESTED ACT90NS: Recommend conductiing a public hearing and approval of Street Addressing Standards and Procedures and adoption of amended Ordinance. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REV/EW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: .Conduct public hearing -consider comments. Staff recommends approv~l~~.,• c COMMISSIONERS' ACTIONS/COMMENTS: - t~flN ~EJ ECTED " ®s ., REMOVED ~ "' _ :POSTPONED ® ' +~,EAR1~ _ ~Lc:eP-~-~e~ c~.,~:.~•'cl5 s~ >~~c:~~~C..lr.~.r£.s ~'°~~~ ~ {This pale intentionally left blank} ~}~" -.~.-~-J,~- n ~~~~.. lJ ~f'~f1 ~ 7 ..,. ~.t/ ~ r' _. ' ' ~~ ~;~^: ~ NE1N HANOVER,COIlNTY BOARD OF COMM1SS10NERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 ~1 Regular Item #: 15 Estimated Time: Page Number: Department: Transportation Presenter: Patricia A. Melvin , Contact: Patricia A. Melvin ' SUBJECT: , Pubic Hearing on Application for Rural Operating Assistance Grogram Funding '. _ SRIEF SUMMARY:- New Hanover County is seeking funding via N.C. Department of Transportation's Rural Operating Assistance Program for FY 02-03. The County is eligible for an allocation of 5131,568. Board of Commissioners' approval to apply for funding was obtained in the April 15th meeting. A public hearing is also required to allow. for public comment. The hearing has been advertised in area newspapers and on NHCTV.' ' Funding must be used to assist in providing transportation services to specific populations of the unincorporated areas of the County, who are not human service agency clients. Funding categories and amounts are as follows: Elder/Disabled Assistance ................579,333 Work First Assistance ...........................517,834 Rural General Public Assistance......534,401 RECOMMENDED MOTION'AND REQUESTED ACTTDNS: Conduct public hearing. ..FUNDING SOURCE: ' ATTACI-~MENTS: REVIEWED BY: LEGAL: FINANCE: N/A C®UNTY MANAGER'S COiti Conduct public hearing. .. _.....,.. ,.... e,.-n,. ,- ,. ,.T~,f.,,~ BUDGET: N/A HUMAN RESOURCES: N/A F Rfi~® x ~ ~'v;" ;".. ~. ~EJfC'f~ ~ ~I.~, ` . . ' ~.~ RfMOVE® ~ ~ ~~ PCISTPONEd'~ '~ ~I~ARi7 ~~ Ap~ State of North Carolina County of New Hanover AP~L;~TI3IX ~ CE~2TI7EYEI) S'I'ATFNIF~IT FY 2flfl2 - 2flfl3 R€1RAL (~PE~~ATIi`rrG ASS~STA~i~~ FR~~R~NI tiVhereas Article 2B of Chapier~136 of the North~Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation as the agency responsible for administering all federal and/or stain programs related to public transportation, and grants the department a~rthority to do all thin«s required in applic-able federal ard,~or state legislation to ..properly administer the public transportation programs within the State of North Carolina; WHEREAS; G.S. 136-4.27 established the Elderly and Disabled Transportation Assistance Program; ~VHE~REAS, funds will be uszd for transportation related expenditures as specified in the FY ?002 - 2003 Rural Operating Assistance Program (ROAP) application. tiVHEREAS, if applicable, funds will be used for transportation related expenditures as specified in tl~e FY 2002 - 2003 Discretionary Rlu-al Gener~~ll Public Program application. This is certify that the undersigned is duly elected; qualiried and acting chairnerson of the Board of County Commissioners of the County cf Ne~.L' Hanover ;North Carolina; and that t11e following statements are true and accurate: E,clerl~y' and I~isablecl Transpc~rtatlnn ~sslsta.~ce Prograrra 1. The ftiu7ds received from G.S. 13 ~-44.27 tivill be used to provide additional transportation services for the elderly and disabled, exceeding the glrtintity o trips provided prior-to receipt of the fiends. The funds will not be used to supplant existing federal.. state or local ii.lnds designated to provide elderly and disabled transportation services in the county. 3. The funds received will be used in a manner consistent with the local Transportation Development Plan (TDP.) or Community Transportation Services Pian (CTSP) and application approved by the No1-th Carolina Department of Transportation and the Board of Commissioners. ~~or~ ~'zrst Transitional/Emplflyrnent Transportation Assistance Probrarn 1. ~Tre~ptirp~ose°o~~th~zse,transportation funds is to support transitional transportation needs of ~tiork Fir~t~part~cipants, after e.Larbility for cash assistance has concluded and/other specified general public~,employment transportation needs. The funds may be transferred to the Elderly and Disabled Tr ansportation Assistance Program or the Rural. General Public Program if not needed for~tiVork.First transportation. _~ ~`' Cr'^4 ~. ~ 2. The fiends are limited to use by the designated local entity(s) specified in the ROAP application, or any revisions or amendments thereto. Rural general Przblic P; ogram l . The funds will be used in a manner consistent with the local Rural General Public. Transportation Services Plan.', 2.. Information regarding use of the funds will be provided at such time and in.such a m_ anner as -the department may require. . 3. ROAP hinds will be used to provide eligible services during the period July 1, 200?~thrb.ugh ~~ ` June ~0. 2:003. 'l.~ Any interest earned on ROAD fimds will be expended for eligible program uses as specified in the ROAP application: 5. The County will ~u1clLtde ROAP~filnds received and expended in~iis annual ind~ependeilt audit ~ _ on the~schedtil~ of federal and state ~tinancial assistance. Funds passed tlZro~ugh to ocher ~~ agencies will be identified as such:, ~~VITNESS my hand and official seal, this 1a`h da_y of~ri_l- --; ?00~. Attest; Cec~i ying~OY~iclal-'k Board of C~~~dty Commissioi:ers Ct:a::person ~ Slate of North Carolina County New Hanover ~ _ COL'e it C.~ Ylr7tifl~?t Ci ~'~Cj!Tll[1LSII"d COCA` - Note that the signatures on this statement should~be Those of three (3) separate individuals. {This page intentionally left blank} 1 n ~ ~y3 .; NEW HANOVER COUNTY BOARD OF. COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Dater 05/06/02 Regular Item #: 16 Estimated Time: Page Number: , Department: Planning . Presenter: Dexter Hayes Contact:. Dexter Hayes, Kemp Burpeau u SUBJECT: Consideration of a Moratorium on Performance Residential Developments BRIEF SUMMARY: At the request of a Commissioner, the following proposal. concerning a moratorium on performance residential development is being brought to the Board. Recent discussion has occurred about the possibility of imposing a moratorium on Performance Residential approvals until several ,text. changes to our Zoning and Subdivision Ordinances are completed. Following the approval. of the Veterans Park Performance Residential. Project. the Board of Commissioners asked staff to more clearly define the Open Space and Conservation Space Requirements that are used in determining overall density. Those changes were tabled pending the outcome of the Veterans Park appeal. Other issues and problems with the approval process for Performance Projects and subsequent revisions were dis"cussed at the Commissioners and Planning Board work session on March 25th. In response to that discussion :staff' is preparing several other amendments. If the Board of Commissioners are interested in adopting a limited moratorium until the ordinance revisions .have been completed, we would need to advertise and schedule a public hearing that would require at least two weeks notice. RECOMMENDED MOTION AND REQUESTED ACTIONS: Seeking direction from the Board FUNDING SOURCE: ATTACHMENTS: /TEM DOES NOT REQU/RE REV/EW .COUNTY MANAGER'S COMMENTS AND_RECOMMENDATIONS: Discuss moratorium and direct staff. COMMISSIONERS' ACTIONS/COMMENTS: r~~ o, ~PPRO ®~ ,~~. . ~ ~tEJ EC'T~ ~I' ~> ~ E' '. P~ STPOIVEm ® ~ ' ~I.r~Rl7 t - ~~ti711~'flL~ f C ~~'••'~ (,.~.. V~'1 C:4, lL~ F~~IC ~1.~ ~l ~•' 1.~•1 b~tl l.•.~ ~ ~Vl'1~~ ~ ~% ~`c'l,tu `~ C~tvi~ri;s3io~LY.v~' I~l't~+ ,~~al''f !~ G~ r6~ /~if.l~l ~• [. ~ e''iU j i'Il : i ; ... ~, ~.a.~7 r' ~L~ ~,[ ~ ~,e. L~Y.~r~ ` 4 k {This page intentionally left blank} ., ~ ;+'~~oc~ fir,,;°4t: ~ (-~ ~ ., ~°,~Ef4 ;.~~ /.3~ NEW HANOVER COUNTI( BOARD OF COMIVl1SS80NERS REQUEST FOR BOARD ACTPOiV. Meeting Date: 05/06/02 Regular Item. #: 18 Estimated Time: Page Number: Department: ~ Planning Presenter: Alex Marks/Dexter. Hayes Contact: Alex Marks/Dexter Hayes SUBJECT: Resolution Of Support For Rerouting The Drainage System Proposed For The U,S. 17 By-Pass And Impacting The Futch/Foy Creek V~latershed ln. Northeast iVew Hanover County. ` BRIEF SUMMARY: The U.S. 1 7 By-pass drainage system was originally brought befiore the Board at its meeting on November 13, 2,000 at the request of the Tidal Creeks Watershed Management Advisory Board. The Advisory Board adopted a resolution recommending that the Board of Commissioners take all necessary actions to require that the then proposed drainage system be redesigned such that it not result in degradation. of the water quality in Futch Creek. At its meeting on March 15, 2002 the Tidal Creeks Board discussed and heard comments from the public regarding the drainage system that was redesigned for the by-pass... The Tidal Creeks Board unanimously adopted a new resolution recommending that the Board of Commissioners and the North Carolina Board of ` ' Transportation take action to ensure that the proposed stormwater discharge for the by-pass is not s directed to a Tidal Creek Watershed and that the two boards work together to develop an .environmentally sound~treatrnent system west of Highway 17. RECOMMENDED MOTION AND REQUESTED ACTIONS; The Tidal Creeks Watershed Management Advisory Board recommends that the Board adopt its recommendation that the proposed stormwater discharge for the by-pass not be directed to a Tidal Creek Watershed and 'that the Board of Transportation work with New Hanover County to'develop an environmentally sound treatment system west of Highway 1 7. r FUNDING SOURCE: N/A ATTACHMENTS: HWY 17 drainage resolutionshort. BUDGET: HUMAN RESOURCES: NIA C ~P(PR~ r F?EMOVE® ~ POSTPONED ~ ~~_~ ~i>rARn _~` ~. 3~~) P~ A Y REVIEWED BY: LEGAL: FINANCE: N/A Res®lution Supporting a Rerouting of the Drainage System Proposed for the U.S. 17 By-Pass and Impacting the Futch / Foy Creek Vllatershed in Northeast New Hanover County WHEREAS, New Hanover County since 1993 has established and funded an ongoing Estuarine Watershed Management Program as a collaborative effort between the County, the Northeast New Hanover Conservancy, and the Center for Marine Science at UNCW, and WHEREAS, New Hanover County is the recipient ofi a $6,000,000 Clean Water Management Trust Fund Grant that will match an $11,580,000 commitment from the County for water quality enhancement projects in our Tidal Creeks, and WHEREAS, the New Hanover County Commissioners have appointed the New Hanover County Tidal Creeks, Watershed Management Advisory Board and charged it with making recommendations for the implementation of the Tida! Creeks Program and with formulating and prioritizing water quality enhancement projects, and WHEREAS, years of documented research in New Hanover County and other locales demonstrate that Tidal Creeks are highly sensitive to pollutant loading that cause algal blooms, turbidity, and fecal bacterial pollution of shellfish beds, and WHEREAS, eight years of research by UNCW scientists have established that Futch Creek, especially Foy Branch, has the best water quality of any tidal creek in New Hanover County, and WHEREAS, published research conducted by the University of North Carolina at Charlotte demonstrates that highway runoff contains high levels of nitrogen, phosphorus, and total suspended solids, and published research conducted by the University of North Carolina at Wilmington demonstrates that runoff from roadways and other impervious surfaces leads to bacterial pollution of shellfishing beds, and ` WHEREAS, published research conducted by East Caroliha University demonstrates that dry.. detention ponds such as proposed for accepting Highway 17 runoff do a poor job of treating algal bloom-causing nutrients, and VVHEP.EAS, the proposed runoff detention facility is designed fora 1.5 inch 24 hour rain, yet .many of our rain events exceed this, leading to future flushing of pollutants to Futch and Foy Creeks, NOW THEREFORE BE IT RESOLVED, that the Tidal Creeks Watershed Management Advisory Board recommends that the Board of Commissioners and the Board of Transportation take all necessary actions to ensure that the proposed stormwater discharge for the 17-Bypass is not directed into Tidal Creek watersheds. Be it further resolved that the two Boards work together to find and develop an environmentally sound treatment facility west of Highway 17 in the Northeast Cape Fear River drainage basin for Highway 17 runoff. Adopted this the 6`h day of May, 2002 New Hanover County Board of Commissioners Ted Davis, Jr., Chairman ATTEST i ~ ~~n Lucie F. Harrell', Cler•k`'to°the Board f'~ ~?v ~~~,~ "; t ., .,., ~.~ ~~ ~"'~" IVEiN HAIVOVER COUNTY BOARD OF COMMISSlOiVERS REQUEST FOR BOAR® ACTION Meeting Date: 05/06/02 Regular Item #: 19 Estimated Time: Page Number: .Department: Planning Presenter: Wanda Coston Contact: Wanda Coston . SUBJECT: Consideration of Amendment to Water and Sewer Connections and Plumbing improvements Revolving Loan Program BRIEF SUMMARY: The .County has two different programs that provide financial assistance to eligible very low, low .and moderate .income persons to assist with the costs associated with sewer connections and/or related. sewer plumbing improvements. Neither of these programs presently allow for funds to be , used when connecting to an available water system and this deficiency needs to be corrected., Presently, the County is constructing the sewer system in a portion of the Castle Hayne area using Community Development 13(ock Grant (CDBG) funds. CDBG funds are also being used to provide no interest loans to low and moderate income persons to assist them with the costs associated with connecting their homes to the sewer system. The tap fees are also waived. Construction along - ~ Noily -Shelter Road will also involve the relocation of some existing wells. At the same time, the City of Wilmington is in the process of constructing a water system in the area which can provide water service to the affected households on Holly Shelter Road. Since many of these households will most likely be eligible for sewer loans, it is proposed that rather than ..relocate the wells, that financial assistance be made. available to connect .eligible homes to the City's water system. By amending our revolving. loan program the County could also provide assistance when connecting to the water system in other areas of the unincorporated County. The same criteria that is being - used for this program to determine eligibility ,for financial assistance would be used to determine eligibility for assistance with water connections. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend amending the County sewer revolving loan, program and the Castle Hayne sewer revolving loan program to allow financial assistance to be made available for connecting to either the City or County water systems using CDBG or other applicable funds.. !n additiori, the revolving loan program should .be ammended allowing qualified property owners to borrow funds for the purpose of water and sewer tap fees and the connection to the system.. FUNDING SOURCE: °CDBG funds and revolving loan fund: General fund monies may be necessary in order to support the loan fund. It is recommended that support from the General fund not exceed 520,000. ATTACHMENTS: ~ ~ .: ~ ., /?`„'I /TEM DOES NOT REQU/RE REV/EY1/ ~'~ COUNTY MANAGER'S CO TS AND RECOMMENDATIONS: ~~ ~ LV' Recommend approval---''~ ~ ®~ ~~ ~oa~ ,, COMMISSIONERS' ACT ON COMMENTS: ~ ~ ~ N ~ ~ , - ~~~~, .r .~~. {This page intentionally left blank} :, , ~ 1i ~r (~`` V _ s. "" .~; d ::,, ~ .,v ;;I ,,~~~ ,, ~ , MEETING OF T)FIE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE - 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No: ----- -------1: Non-Agenda Items (limit to 3 minutes) 135 2. Approval of Minutes ~~a5 ~ ~ I ~ S 137 . 3. Consideration of Approval of Request for Emergency Operation of Greenview Ranches 130 Water System ' 4. Consideration of Construction of Portion of Middle Sound Sewer System to Allow 143 . Paving of a Section of Middle Sound Loop Road ADJOURN • #, ~€ {This page intentionally left blank} l: I~~ NEVI! HANOVER COUNTY B®AR© 01= COMMISSlONE'RS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 . Water & Sewer Item.#: 2 Estimated Time: Page Number. . Department: Governing Body • Presenter: Lucie F. Harrell Contact: Lucie F. HarreN ' SUB.9ECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: • Approval of the minutes 'of the Regular Meeting held on April. 1 5, 2002. r'1%~~.Yt_C~~~2cc,~ -REDOUIMENDED MOTION AIUD REQUESTED ACTIONS: Approve minutes. "FUNDING SOURCE: ' • ATTACHMENTS: /TEM DOES NOT ~?EQUIR~ FiE~l1f9~/ . .~ _~.~„~, ~~r_.,, i~EJEC`~~ ~ ~ ~ . '~EMOVE® C~ ~ ~ ~ ~,- &'OSTPONEQ D ~ ~:; Y~EARi~ ~ k, ,. ' 1 ~.~ ~~ {This page intend®nally left blank} .,.w,, ~,~., ~ -, ~,~ ~j ~.. y~ p,„3v \e'. NEW HANOVER COUNTY ROAR® OF COMMiSSiONERS REQUEST FOR BOARD ACTION Meeting Date:. 05/08/02 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: Request for Emergency Operation of Greenview Ranches Water System BRIEF SUMMARY: ~ ' Attached is a copy of a request from the North Carolina Utility Commission asking that New Hariover County consider taking over emergency operation of the Greenview Ranches water system. The Utility Commission is receiving numerous complaints. about low water pressure. I do not feel that the County can operate M_ r. Moore's well and provide any better pressure. The only way to provide sufficient pressure will be to extend. the County water system from Market Street along Greenview Ranches Drive to the existing Greenview Ranches water line. The cost will be Tess than $10,000. Actual cost will be provided at the meeting. The necessary permits to perform this work have been applied for. RECOMMENDED MOTION AND REQUESTED ACTIONS: If the Commissioners wish to proceed under an emergency status, staff will proceed as quickly as ,possible to have the connection constructed, :~ FUNDING SOURCE: ATTACHMENTS: , ' yeS REVIEWED SY: ' LEGAL:. FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUiV~'Y .MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve taking over the Greenview Ranches water system. , Aiso authorize ending the County water system from Market Street to the Greenview Ranches water line. .~... , ~ COMMISSIONERS' ACTIONS/COMMENTS: . ~~ ~~ . f~EJEC~~ ~ `' ~t,EMOVE® POSTP®NED ~ ,, ~ ' AREA _ .~ `~ ~. ~ ~~~ ~~ ¢. ,1 .~~' .s~~~~ clUwn VZ,G~v'Z ~v ' ~A, g b ~~. ~..~~i ~ci 4{ ~~ r ~ /.y~ ,.,_~~.~s ~~~Fr,~:a. ~ '~~~ ~~ rk~ } ~~' S° Nt)l~T>~ CA~2®LIN.A. PU~I.~IC STA7E~' IJ~'~L~~'IES C~IVINI~SSItI~ April 19, 2002 u~... -., ~ i~.~, ...~ . .,.. ~: .. New Hanover County Commissioners 320 Chestnut Street . Wilmington, North Carolina 28401 RE: Coastal Plains Utilities. Greenview Ranches Water System Dear County Commissioners: Thank you.for letting me discuss this system with you at your March 2~ meeting, and thank you for agreeing to pursue taking ownership and operation of this system. At this meeting; the Public Staff was originally asking that the County become the emergency operator for this system. However; Mr. Allie Moore of Coastal Plains attended the meeting and agreed to transfer the water system to the County. The issue of emergency operator was not addressed at the time. Unfortunately; the water service provided by Coastal Plains has continued to deteriorate. The Public Staff is now renewing its request for New Hanover County to become the emergency operator for this water system. Please consider this request at your earliest convenience. Also, if the County decides to become the emergency operator, please consider making a temporary. connection to the system to provide better service as soon as possible. If the County becomes the emergency operator for this system, it will be responsible for all operation, maintenance; billing, collection, and reporting. The County could immediately begin charging the existing rates for the 54 customers. These rates are a monthly base fee of $5.9~ that includes no usage and the use rate is $1.22 per thousand gallons. If the County makes a temporary or permanent connection, the Public Staff will petition the Utilities Commission to allow the County to charge its normal water rates until the transfer is complete. Also, if the County is unable to recover its expenses for operating the system through either set of rates, it can request the Utilities Commission for an assessment of the customers or an increase in rates. Once the County takes ;o-w~nersh~ip and~~opezation of the system, the Utilities Conunission will no longer regulate the system or ias~,ra~tes:~: Executive Director,„~~ ,~ -Communications Economic Research Legal Transportation ' ~~~"`~"733-2810 733-2902 733-6110 733-7766 733-2435 „~ }•Y~ nt~~f~i~~p~ Accounting„ ;Consumer Services Electric Natural Gas Water 733-4279 ~ 733-9277 733-2267 733-4326 733-5610 4326 Mail Service Center • Raleigh, North Carolina 27699-4326 • Fax (919) 715-6704 An Equal Opportunity /Affirmation Action Employer ~% The N. C. Division of Environmental Health (DEH) has fined Coastal Plains for poor management practices in Greenview Ranches. However, if the County becomes the emergency operator, I anticipate complete cooperation from DEH; similar to its cooperation with Carolina Beach and Kiire Beach as emergency operators: DEH recognized that the Towns were taking over a difficult situation that would take time to correct. I cannot speak for DEH; but I believe they would extend this same courtesy to the County. If you have any comments or questions, please contact me by phone at (919) 715- 5622 or by e-mail at Jay.Lucas@ncmail.net." Sincerely, /~ ," Jay B. Lucas; P.E. ~ ~ _ . Utilities Engineer Water & Sewer Division ' c: Wyatt Blanchard Gina Holt • F~ ~'~ V ~Y/ ~I ~ 'f C ,: ~ N ~ 3 'C C ~ !~ ~~,~,~ ^ a is co', m 3 3 ~ u1 co o ~ -' ~ ~- co ~' c ~;'. a. ° ..- c i 0 0 0 ~ ~ O O ~ i~~: ~i _~ ii t0 '~ L Q~ 7 >~ \. CV ~{~/\,\ ~/ U Q ~." \ / f :~ i L I~ T I ~ O Y j ~ ~ U a.~ ~=' c cn -- ` ~_~ ~ NEllV HANOVER COUNTY BOAR® OF COMM1SStONERS REQUEST FOR B®ARD ACTION Meeting Date: 05/06/02. Water & Sewer item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: Construction of Portion of Middle Sound Sewer System to Allow Paving of a Section of Middle Sound Loop Road . BRIEF SUMMARY: In~ an effort to work with NCDOT concerning the resurfacing of Middle Sound Loop Road and the construction of the Middle Sound Wastewater collection system, County staff .and a Commissioner met with NCDOT to work out an agreement which will prevent the sewer system construction from damaging the planned widening and resurfacing work on Middle Sound Loop Road. The agreement is to delay the widening work on Middle Sound Loop until next .summer (2003) and to allow the collection system to be constructed prior to June 2003. In addition NCDOT asked the County to consider proceeding. with the construction of the sewer system along the first section of Middle Sound Loop Road from Market Street to just beyond Ogden Elementary School. This would allow them to proceed and resurface this area this. summer. In order to consider this staff requested proposals from the following contractors: T.A. Loving $ 188,855 . Atlantic Construction, Inc. 272,081 Dellinger, Inc. 203,537 RECOMMENDED MOTION AND REQUESTED ACTIONS: if it is the desire of the Commissioners to proceed with Middle Sound sewer, 1 recommend that the work be awarded to T.A. Loving in' the amount of $1 88,855 and that a change order to T.A. Loving's existing contract be executed by the County Manager. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGE 'S ~CO TS AND RECOlvIIVIENllA ~ lUNS: Recommend approval. ,. ~. inn c innnnnnc~eTC. p l.UIVIN11JJ9tJIMCiIJ re~.~~ iv~xvivv~.u.~~.~ _ - ,. 4t4d"1~86® `~ "~~W: ~EJE O t<?EMOVE® ~ ~, ,.:. POSTPONED ® ~~` - ~.EARi~ ~ '~: ,--- J ~~ ~. .. . {7'hi~ page intend®nally left~blank} ~ ~~, a ~ f _~ ~ :~i ., CONSENT AGENDA NEW IIANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS - Page No. 1. Approval of Minutes ~ 147 2. Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2002 to 149 June 30, 2003 3. Approval to Apply for (SAMHSA) a Substance Abuse Mental Health Services 151 Administration .Grant (Federal Government) ~~ 4. Approvalof a Grant Application to the Environmental Protection Agency for 157 ~ Stormwater/Water Quality Best Management Practices (BMP's) in Northern New ' Hanover County 5. Approval to Apply for Program of National Significance Grant from Corporation 159 for National Service to Expand RSVP Funding Level 6. Approval of Resolution Relating. to the Sale :of Surplus Property Jointly Owned by 169 City of Wilmington and New Hanover County 7. Approval of New Hanover County Contract #02-0327 Buy-Sell Agreement for 173 Peterson Property Approval of Budget Amendments: 8.1 #02-0172 Juvenile Day Reporting Center 183 8.2 #02-0183 Public Health/Breast and Cervical Cancer Control Program 184 ~. • {This page intentionally left blank} s~ -, NEIN HANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACT10N ' - Meeting Date: 05/a6/OZ Consent Item #: 1 Estimated Time: Page Number: ~ • Department: Governing Body Presenter: Lucie F. Harrell - Contact: Lucie F. Harrell ' SUBJECT: Apg~roval of Minutes SRIEF SUMMARY: Approval of the follovving sets of minutes: Regular Meeting, March 25, 2002 ' Regular Meeting,.April 15, 2002 Special Meeting, .February 18, 2002 ..RECOMMENDED MOTION AND REQUESTED ACTIONS: •.. Approve minutes. FUNDING SOURCE: . ATTACHMENTS: ' ITEM DOES NOT REQUIRE REl/1EV!/ COU~±'~`Y MANAGE ~ MENTS AND RECOMMENDATIONS: Approve minute"§"' / . COMMlSSlONERS"ACTIONS/COMMENTS: I r~~ ~~~ . - ~EJEC 1?EMOVE® ~ ~ ~ ;, ~ ~ JPOSTPORIED ~ ~ L ~-~~ ~~ARt ~~...~ , ~~ f ~ ~i ~ 1 • ~`, {7'hi~ page intentionally left blank} J .,-...~ ..U_ i -, r.Y Via, .. ~> ~' • • IVE~I HAiVOVER COUNTV BOARD OF COMMiSSiOIVERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Consent Item #: 2 .Estimated Time: Page Number: Department: County Manager Presenter: Andy Atkinson, Deputy County Manager Contact: Andy Atkinson SUBJECT: Annual Plan for Juvenile Crirne Prevention Council for July 7 , 2002 to June 30, 2003 BRIEF SUMMARY: Each year the Juvenile Crime Prevention Council (JCPC1 is required to submit an annual plan to the Board of.County Commissioners outlining the funding. and .program plans for the coming fiscal year. The plan, if approved, must be submitted to the area office of the N. C. Department of Juvenile Justice and Delinquency Prevention (DJJDP) and then submitted to the state office of DJJDP for final approval. The document is lengthy and is available for review in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the plan for submittal to the area and state offices of DJJDP. FUNDING SOURCE: NC DJJDP, local in-kind matches, other state/federal sources ATTACHMENTS: REVIEWED BY: ~ j . -.LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECO. M.ENDATIONS: Approve submittal of the plan to the Stag,.. ° a ~ .. ~ COMMISSIONERS' ACTIONSICOMMENTS: ~ • .~PRO~ ~''":.. 1~EJEC !REMOVED ~ TPORIED ~' 1 ~~~7 .~ . J ~, ~..,~ {This page intentionally left blank} f, _. ..~ .~,w,~.i; ~ '°~ " NEW HANOVER COUNTY BOARD OF COMMISSIONERS - REQUEST FOR BOARD ACTION Meeting ®ate: 05/06'102 Consent ltem,.#: 3 Estimated Time: Page Number: Department: County .Manager Presenter: John Ranalli Contact: Allen O'Neal SUBJECT:. Approval to Apply for a Subtance Abuse Mental Heaith Services Administration Grant (SAMHSA) BRIEF SUMMARY: Purpose of the grant is to expand and enhance an array of services to the Juvenile Day Treatment Center. Those services will include health education, psychological services and counseling, experiencial education, mentoring, and community services. Collaborative efforts involve the faith communities, WHAT, DREAMS, Coastal Horizons, UNC-Wilmington, DJJDP, and Community Mediatioh Center. There is NO County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: The grant is for a three (3) year period. The grantc~mount is for approximately 5500,000 per year. Authorize the submittal of the grant application to the Federal- government. If the grant is awarded, authorize acceptance of grant. FUNDING SOURCE; ATTACHMENTS: '~ lTEN1 DQ~S N©T REQUIRE REV/EW • I?EMOVE® ~ , ~ ~°' POSTPONE®~ ~ `: ~t.EAR17 ~ ~'' ~~ tee; ~ ~~~~~~~.~~-.~J.~ ;7 ABSTRACT The New Hanover County Commissioners OfFice in Wilmington, NC, is requesting a ~ ~ `~-~ 400% increase in the capacity of the County to provide intensive drug. treatment and prevention services to adjudicated teens referred from the County Juvenile Justice Court . This increased dnig treatment capacity will be integrated into acommunity-wide collaboration of public, non- profit, and faith-based organizations focused around 3 organizations: Coastal Horizons Center, a __ ~2 year old substance abuse and crises intervention agency in Wilmington (a NIDA demon- stration site) which has been conducting the substance abuse prevention, assessments, and dnig. treatment for the Juvenile Court for the last 10 years; the Day Treatment Center,'a-state and county funded diversion program offering an alternative to incarceration for adjudicated adolescents; and the juvenile justice court ststem. This collaboration will support drug treatment services as part of a highly coordinated community approach to reduce recidivism and to measurably lower the incidence of teen drug abuse and delinquency in Wilmington. AlI services for up to 100 court referred adjudicated teens per year will either occur or be coordinated~from a 14,000 sq. ft. site completely dedicated to this project. During a 6-12,.month community day treatment program, the project will offer: individual/group substance treatment and prevention; family therapy; mental health services; juvenile justice court counseling; health services; ~a-6 day a week school(grades 7-12) in collaboration with the Board of Education; vocational training, job internships, placement; and employment mentoring; faith-based mentoring; conflict resolutior_, creative expression, and an intensive case management program for every teen and their family. Local Juvenile Court diversion initiatives in recent years have significantly increased the pool for drug treatment of adjudicated teenagers without the subsequent development of services to meet this increased need. Most of the. teens appearing before the court have~had experience with drugs, but relatively few have been charged with drug offenses. Some teens who are adjudicated on more serious charges are sent to expensive state Youth Development Centers where drug treatment is available; the relative few who are mandated for communityout-patient druu treatment are not well monitored and often drop out of treatment. The need for comprehensive drug treatment for these adjudicated teens is acute. In the last 5 years, a substance abuse assessment has been conducted on 6$4 adjudicated adolescents in the local juvenile detention center. 63% were diagnosed with a drug problem, and an additional 23% admitted to experimenting with drugs. Of this group; only 20% received court-mandated drug treatment. The Cotmty and Juvenile Court system wants to expand its teen drug treatment. capacity, for which Coastal Horizons as been used for many years. New staff will be needed to support Coastal Horizons in this regard, also using some TCI/ funds for community collaborators, • making the drug treatment program a txue coordinated community effort with a full continuum of prevention and outpatient services for adjudicated youth acid their families. ,; v - r -.~r s-u~ ~"~ ~`'~ a~..' ~""~ ,_ 4 "~ :, ~.. . '; ~<~~~ Day Treatment Center-Coastal Horizons Center Collaboration • 400% Expansion of Substance Abuse Treatment of Adjudicated Youth (to 100 per yr.) Budget Narrative Personnel County Development Officer-Program Coordinator -- Substance Abuse reatment & Prevention Administrator -~- Substance Abuse Treatment & Prevention Clinical Supervisor 4 Substance Abuse Counselors Substance Abuse Prevention Counselor Outdoor Adventure Coordinator Consulting Psychiatrist* EMDR Consultant (Certified) Conflict Resolution/Negotiation Trainer-Community Mediation Creative Expression Coordinator (Dreams of Wilmington) 8 professional artist/teachers (Dreams of Wilmington) School Nurse (Wilmington Health Access for Teens) Health Educator (Wilmington Health Access for Teens) 2 community Vocational Rehab Coordinators Faith-Based ~1entoring Coordinator Evaluation Director • Evaluation Coordinator Evaluation fidelity/statistical analysis academic staff(2) See attached position descriptions for roles and responsibilities. FRINGE BENEFITS FICA 7.65% Unemployment Comp. 1 Worker's Comp. 1 Health Benefits (when offered) Averages $3,200 per year Equipment There only one piece of equipment in this grant application, a computer system for the evaluation staff. It is only in the first year's budget. AI! other computers, copiers, fax - machines needed for this project will be supplied as in-kind contributions by New Hanover County Day Treatment Center and the Univ. of NC-Wilmington. Supplies There are minimal requests for supplies in this budget, for Dreams of Wilmington, The Mediation Center, Wilmington Health Access for Teens, and the Outdoor Adventure program. These costs are included in the contractual costs ~~~,~~ for these community collaborators. All supplies needed by the Substance Abuse Treatment and Prevention program and Evaluation staff will be supplied as in-kind contributions by New Hanover County Day Treatment Center and the Univ. of NC-Wilmington. Travel _ The cost of local travel for the Evaluation Coordinator is included in this budget. Travel costs for bringing up to 100 teens to the Substance Abuse Outdoor Adventure program through the Coastal Horizons Center, and the cost of "renting" the community outreach. RV(which was funded by another SAMHSA grant) for substance abuse prevention and education is also included, as is some local travel for the Mediation Center staff. Other local travel costs will be integrated into the travel budget of the Day Treatment Center and UNCW, and should be considered in-kind contributions by the County and UNCW. There are also travel funds to support two ,program staff and one evaluation staff to attend the two required SAMHSA meetings per year in Washington, DC. Contractual Costs Because of the nature of the broad community collaboration for this project, there will be contracts with the University of North Carolina at Wilmington for the Evaluation component, \ ~ at 18% of the program budget, and with the other program collaborating agencies. These contracts will be administered through and supervised by the County Managers Office of New Hanover County. Each of these contractual budgets are carefully detailed in this budget narrative. Other All space, and costs related to space(elec., heat, phones, etc) are being supplied by the New Hanover County Day Treatment Center and should be considered as in-kind contributions. All staff funded by this grant will be assigned office space, furniture, phones, and supplies in the Day Treatment Center. See asterisk note at end of Budget Summary that follows. TOTAL PROJECT BUDGET SUMMARY C 1 S Year 2n Year 3r Year PROGRAM PERSONNEL SERVICES Salaries 275,826 275,826 275,826 Benefits 61,027 61.,027 61,027 TRAVEL* - SAMHSA Conferences 6,000 6,000 6,000 Local staff travel 1,112 1.,112 1,112 Community Outreach RV 20,000 20,000 20,000 Outdoor Adventure Bus 2,500 2.500 2,500 SUPPLIES* Program materials 8,940 8,940 8,940 Medical Supplies 5,000 5,000 5,000 Rehab Camp Scholarships 16,.000 16,000 16,000 ACQUISITIONS' 3,000.. 0 0 OPERATING SERVICES* 0 0 0 EVALUATION Personnel Salaries 55,000 55,750 56,522 EVALUATION Personnel Benefits 13,750 14,005 14,270 TOTAL DIRECT COSTS 468,166 466,171 467,208 ~ County Administrative Overhead (indirect) @3% 14,044 13,985 14,016 Univ.of NC-Wil. 9% federally contracted indirect- on Evaluation Salaries only 4,950 4,972 4,995 TOTAL EXPENSES 487,160 485,128 4$6,219 ~` The existing space and resources of the Day Treatment Center will be utilized as in- -~ind to augment and support this project. Six offices will be used-for project staff: one - for each of the substance abuse staff, and one for other collaboration and evaluation - staff. In addition, a room will be set aside in the Day Treatment Center for the visiting nurse,. who is ,part of the collaboration. Each of these offices will be furnished, have a phone, and. have access to any necessary office supplies and equipment, such as usual office supplies, copiers and faxes. Overhead costs for these offices will be part of the -Day Treatment Center budget. Travel costs for staff and clients are part of the Day Treatment Center budget, except as noted in the budget details that follow. The only acquisition for this project is a one time purchase of a computer system for the evaluation staff. The maintenance of this computer system wiN be the responsibility of UNCW. {.This page intentionally left blank} J NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 • • Consent Item #: 4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Approval of a Grant Application to the Environmental Protection Agency fior Stormwater/Water Quality Best Management Practices (BMP's) in Northern New Hanover County. BRIEF SUMMARY: The grant is for EPA funds to implement two BMP's e.g. retention ponds, in the major watershed which includes Prince George Creek, Burnt Mill Creek and Smith Creek. The specific projects will come from a list developed jointly by the NC Wetlands Restoration Program and the Local Watershed Stakeholders Team.. The grant does not require matching funds from New Hanover County and includes money to reimburse the County for staff time. The grant application was put together with assistance from the North Carolina Wetland Restoration Program (WRP). WRP staff will provide in kind services to satisfy the match requirement, RECOMMENDED MOTION AND REQUESTED ACTIONS: Support the grant that has been submitted on behalf of the Local Watershed Stakeholders Team. FUNDING SOURCE: US Environmental Protection Agency, NC Wetland Restoration Program ATTACHMENTS: 9 Pages REVic~iVED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Authorize submittal of the grant and acceptance if awarde . COMMISSIONERS' ACTIONS/COMMENTS: ~~~Ut~ iREJE~® POSTPOi~E®~ b: ~-vt~, r {7'Izis page intentionally left blank} ,,.,~ ,. *, ~y NE11V HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 '~ Consent Item #: 5 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton, Howard Brown SUBJECT: Request Permission to Apply for Program of National Signifiicance Grant from Corporation for National Service to Expand RSVP Funding Level. BRIEF SUMMARY: The Corporation, the federal funding source for the Retired and Senior Volunteer Program, has made expansion grants available to current RSVP sponsors which will allow local projects to permanently expand their federal funding levels under the ne~r~ Homeland Security initiatives. Our proposal will include a project involving RSVP volunteers in "homeland security" as defined by the Corporation along with disaster preparedness and recovery. Application will be in the amount of 550,000. No Cash match is required from the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Board approval to submit application. • FUNDING SOURCE: Corporation For National Service ATTACHMENTS: Application summary, including proposed budget page. REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET HUMAN RESOURCES: N/A As recommended abo • rY,'~='M0.UU ~f t%~Y v~.i APR®! o CL.~fN ~EJEO`I(~ Q 1REM0!!E® © , ~OSTP®~9 ROi ,u i ~~ OMB Control No. 3045-0035 LR~JIICJ V~/JV/LVVL CORPOR~ITION FOR NATIONAL SERVICE l~V 1V ,, , s . i . ~:,, . +^3';~ ~* >i ~;! -~ Form is Authorized for Local Keproaucuon CNS Form 424-NSSC (Approved 04119/01) riCVlvuJ ~uluull a Ivu~ ~Jaulc ATTACHiVIENT 4 S'AR'I, T - FACESHE~T 1V ~~~L ~~S~S 1 ~~T~L ®R ~ ` ~ ~A A P 1. TYPE OF SliBMISSION: A~ 1 I 1 1 11 L1 r Application ^Noa-Construction ATE SUBMITTED TO CORPORATION FOR 3. a. DATE RECEIVED BY STATE: , 3.b. STATE APPLICATION IDENTIFIER: icATIONALSERVICE (CNCS) ~ ~/24~~2 4. a. DATE RECEIVED &Y CNCS: '1.6'. CNCS GRANT NUMBER: i, APPLICANT INFORMATION ~ NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER LEGAL NAME: New Hanover County Department of Aging PERSON-T0 BE CONTACTED ON-MAT-TERS~ INVOLVING THi& APPLiCAT10N (,~h~a .ORGANIZATIONAL UNIT: .Senior Service Corps areczcodz.i): . ADDRESS Give a~[reet address, cil1+, cnt~in(y, slcrle crud alp cnde): NAME: HOWaCCI Brown 2222 SOUt~l COIIege ROad ~ TELEPHONE NUMBE2 ~91 O) ~lS? - 6400 Wilmington; New Hanover County, North Carolina FAxNUMB~R: (910) 452 - 611 25403 ~_ a , a - w ~ ~ - 6 EV~LOYER [DEN1'IFICATION NUMBER (t;IN): r. TYPE OF APPLICANT: (~rrler appropriate letter in Gnc) ~- 8. "CYPE OP APPLICATION (Check appropriate 6ox)'. A. State- - ~ H, Independent School Disn'ict _ B. County 1. State Controlled (nsntution of (ligher Learning ^NEW ^CONT[NUAT[ON C. Municipal J. Private University ^REVIS[ON D. Township ~ K. Indian Tribe E. Interstate L. Gtdividual if Revi,ion, enter appropriate Vetter(s) in box(es): ~ ~ ~ F. Intennunicipal ~ M. Profit Organizztion G. Special District N, Private Non-Profit Organization A. Increase Award B. Decrease Award C. Oicrease Duration 0, Other (specify] D. Decrease Duration G Other (.cpeci/vj: 9. NAfv1E OF PEDER:yL AGENCY: Corporation for National Service. ~ CAT SLOG OF FEDERAL DOMESTIC ASSISTA_,ICE NUb1BER: I I. DESCRIPTIVE TITLE OF .APPLICAN'C'S PROJECT: RSVP: 94.002 The Retired and Senior Volunteer Program of New Hanover FGP: 94.01 I 016 ~ ~ ~ ~ - SCt~~ 94 County plans~to implement a program incorporating several aspects ~~ . Senior Den,onsTrrtion: 94.01; P:~s of homeland security as well as disaster }preparedness/recovzly. r3. ARE. ^, ~ECTED Bti' PROJECT (l,is'r Cllics, Cuun[ic.r, 'ualc,i, etc.): ~Viimiii~[ttn ~metropolitai~ center ~f county), bVrightsvillel3euch, Carolinrt Beach. FC. Fisher, Castle I-favne, l3 PROPOSED PROJECT: STr~RTDATE: ~7~~1~02 END DATE:~E~~~~~~ 14. ESTIMATED FUNDING: ~ 1~5. IS APPL]CAT[ON SUBJECT TO REVIEW BY STATE E:VECUT[VE. FEDER 4L ~~ Q~~ ORDER 12372 PROCESS? a. , S a. YES. TIiIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12;72 PROCESS FOR b- APPL[C.AN'L IZ 3JO $ > REVIEW ON: . DA"i'E c. STATE S b. NO. ^ PROGRAM IS NOT COVERED BY E.O. 12312 d. LOCAL ~ ~ ^ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR' - REVIEW e. OTHER $ .. ` 16. IS't1iE APPLICANT DELINpUENT ON ANY FEDERAL DEBT? f. TOTAL S ~ 63 J50 ^ YES If"Yes," attach an explanation. XNO I7. TO THE BEST OP ~VIY KNOWLEDGE AND BELIEF. AL,L DATA IN 'CHIS APPLICATION/PREAPPL[CATION ARE 'CRUD AND CORRECT, THE DOCUMEN"C HAS BEEN .DULY AUTHORIZED BY THE GOVERNING BODY OF THE r~PPLiCANT .4ND THE APPLICANT WILL COMPLY WITH THE A'T'TACHED ASSUR4NCES iF THE ASSISTANCE IS AWARDL-D. a. TYPED NAME OF AUTHORIZED REPRESENTATIVE: b. TITLG: c. TL-LEPHONE NUMBER: /~~~211 O'Neal County Manager 910-452-6400 SIGNATiJRE OP AUTHORIZED REPRGSENTAT('•!E: e. DA'I'S SIGNED: vlodilied Standard Form 424-NSSC{Rev 4/Ol) ~' ti ~ ATTACHMENT 5 PART II - ~UDGE~' __ Applicant Organization: New Hanover County RSVP Budget ates: - ~ SECTtO^i 1: ti'OL~'NT'E:ER SL?:RP()RT EOPENSI~S Ci~lui~lii I (~otutnn 3' Coluin'il3 ~.~.~Coluntn ~ C'ol~imn ~ ~. _Colu~mn 6 A: PROJECT PERSONNEL EXPENSES Position Title Annualized Salary % Titne Speni on Pro~ect Total Proiec.t Cost Corporation Funds Re nested Non- Federal Resources Excess Resources Special Project Coordinator 32,000 75% 21,000 24;000 TOTAL, PERSONNEL EXPENSES S 24,000 S 24,000 $ S B. PERSONNEL FRINGE BENEFITS 1900 1900 C. PROJECT STAFF TRAVEL Local Travel 1200 1200 Long Distance Travel 1500 1500 D. EQUIPMENT (Computer) 2000 ?000 E. SUPPLIES (Desltop supplies, printing, postage, phones) 1050 900 1050 F. CONTRACTUAL SERVICES G. OTHER VOLUNTEER SUPPORT COSTS (Office Space) ~ 10,200 10,200 H. INDIRECT COSTS TOTAL VO;LTNTEER SUPPORT EYPENSES ~ 41,830 S 29,500 S 12,350 S SEC'T'ION 2:. V®LIJlo1TEER EXPENSES -, ~ Colttinn 3: Co1ui»n.4 Column 5 Column 6 VOLUNTEER ~ A ~ Stipends 8000 8000 . SERVICE-RELATED Meals 2000 1000 1000 COSTS AND UnfFOr111S 2O0~ 2000 P~EIVIBURSEMENT Inst+rance 500 - 500 EXPENSES Recognition 1000 1000 Volunteer Travel 8000 8000 Physical Examinations Other Allowable Expenses TOTAL VOLLFNT'CER EXPENSES S 21,500 S 20,500 S 1000 S TOTAL, P-ROJECT COSTS S 63,350 FUNLDING PERCIENTAGES (perce~lt distribution between Columns 4 and 5) S 50,000 79% S li;3~0 21 % S „~~ ~ __ ~ ~ _ ~'_ , VOLUNTEER STRENGTH PROJECTION A. Non-Stipended FGP/SCP Volunteers: C. Volunteer Hours: 10,000 R. VSVs or Volunteers- Federal: 100 Non-Federal: ~ D. Stations: 1 - ~~ iVlodified SF-424A (Rev 4/01) (~ NSSC Form 424A ` ~,. .7 ~ ~~y r. ~] N ~ ~ - ~ ~ ~ ~ r V~ ~ r ~ ~ c ~ ~ ~ ~ '+ ~ ~ '' G ~ c _ r v n c ~ o "~ ' c ~ ~ r ` ~ ~ ~ c ~ ~• V ~ c ~ ~ ~ ~ ~ ~ ~ ~. r T, .: ~. r ~ G n ~? .,, z J ~ r ., - ~- ~ gin' ~ ~ • ~ :~ ~ e? ~ '" c ~ r ° ~_ c D ~ ~ ^: c_ CD ~ ~ ~ ~r ' fi C l,il y ~ CD ~ ~ __ C r_ ~ r ~ -~ r ~ ~ ~ r .~ ~ C r • • I~~ ~r ~ ~ TJ ' (~ ~) ~ ~i Q`I C ~ _ C W ~' • V " ~ ~~ l9 _ ~ fU T ~~ ~ ~ ~ 7 ~ ^' ~ ~ I ~ ~ n ~ ~. rn ~!' 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CJ _ ~ O Ai ^ ~ ~ ~ ~ ~ ~ ~ f"f ~ ~ .J ~ l.! • ~ ~ i ~~ ~ "~ ~ ~~ w i I ~ i A v rv~' G v ` + ~ n . ~ `. s`r ti ~. C ~ ~ ~ C , I Sri w ~G~. v O t~.~ 1 OMB Approval No. 0348-0040 ASSURANCES.-- NON-CONSTRUCTION PROGRAMS VOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federa: awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non- Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. ?. Will give the awarding agency, the Comptroller General of the United States, - and if.appropriate;'the State, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. !. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. i. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen s[atutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). o. Will comply wiih all Federal stahnes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on [he basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 197:1, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 9Z-255), as amended, relating to nondiscrimination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.G. § 3601 et seq.), as amended, relating to nor,-discrimination in dte sale, rental-or financing of housing; (i) any other ;;ondiscrimination provisions in the specific statutes} under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. Wil( comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646} which provide for fair and equitable treatment-oF persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired Pot project purposes regardless of Federal participation in purchases. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal Funds. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. g§ 276a and 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted constntction subagreements. t0._ Will comply, if applicable, with flood insurance purchase requirements o1 Section 102(x) of the Flood Disaster Protectiori Act of 1973 (P.L.93-234J which requires recipients in a special hood hazard area to participate in the program and to purchase flood insw'ance "if the total cost of insurabh construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be~ prescribed pursuan to the following: (a) institution of environmental quality control measure: under the National Environmental Policy Act of 1969 (P.L. 91-190) anc Executive Order (EO) 11514; (b) notification of violating facilities pursuant tc EO 11738; (c) prolecdonof wetlands pursuant to EO 11990; (d) evaluation o. (good hazards in tloodplains in accordance with EO 11088; (e) assurance ul project consistency with the approved State management program developec under the Coas(al Zone Management Act of 1972 (l6 U.S.C. §~ 1<I51 et seq.) (f) conformity of Federal actions to State (Clear Air) Implementation Plan: under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 eC seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973. as amended, (P.L. 93-205). 12. bVill comply with the 6Vild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components oP tht national wild and scenic river system. 13. Will assist the awarding agency in assuring compliance wiih Section 10G oFi National Historic Preservation Act of 196G, as amended (16 U.S.C. 470),( 11593 (identification and protection of historic properties), and ui.-- ArchaeologicaL and Historic Preservation Act of 1974 (16 U.S.C. 469a-I e~ seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subject: involved in research, development, and related activities supported by dti~ award of assistance. 15. Will comply with fire Laboratory Animal WelFare Act of 1966 (P.L. 89-544, a. amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatmem of warm blooded animals held for research. teaching, or odter activities supported by this award of assistance. 16. Will comply with the Lead-based Paint Poisoning Prevention Ac[ (42 U.S.C §§ 4801 et seq.) which prohibits the use of lead based paint in construction of rehabilitation of residence structures. 17. Will cause to be performed the required. financial and compliance audits it accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION Previous Edition Usable Authorized fbr Local Reproduction TITLE DATE SUBMITTED Standard Form 424B (Rev. 4/88) Prescribed by OiViB Circular A-102 a ~' i< CERTIFICATIONS REGARDING (A) DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; (B) DRUG-FREE WORKPLACE REQUIREMENTS; AND (C) LOBBYING Applicants should refer to the regulations cited below to determine which certifications(s) apply to their grant, and review the instructions ~rcluded in the regulations. Signing this form complies with certification requirements under "Government-wide Debarment and pension (N'ori-procurement}", "Government-wide Requirements for Drug-Free Workplace (Grants)" in 45 CFR Part 1229, and "New strictions on Lobbying" in 45 CFR Part 1230. The certification(s) shall be treated as a material representation of fact upon which reliance will be placed when the Corporation determines to award the covered transaction, grant, or cooperative agreement. A. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIES As required by Executive Order 12549. Debarment and Suspension, and implemented at 45 CFR Part 1229, for prospective participants in primary :overed transactions, as defined at 45 CFR Part 1229, Sections 1229.105 and 1229.110 - 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any '-- '~ •~ :Federal department or agency; °- (b) .Have riot, within a 3-year period preceding this application, been convicted of or had a civil judgment rendered against there for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or. performing a public (Federal, State or local) transaction or contract under apublic- transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or• receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Federal,~SCate or local government entity with commission of any of the offenses enumerated_in paragraph 1(b) of this certification; (d)~ Have not, within a 3=year period preceding this application.. had one or more public Cransactions (Federal, State or local) terminated' for cause or default. 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. S. DRUG=FREE WORKPLAN (GRANTEES. OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 45 CFR Part 1229, Subpart F, for grantees, as defined at 45 CFR Part 1229, Sections 1229.605 and 1229.610 - 1 ~ T}ie applicant certifies that it will or will continue to provide adrub-Erse workplace, and will - (a) Publish ~ statement notifying employees that unlawful manufacture, distribution, dispensing, possession or use of a controlled sub-stance is prohibited in the grantee s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establish an on-going drug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee`s policy of maintaining adrug-free workplace; (3) Ariy available drug counseling, rehabilitation, and employee assistance programs; and ' (4) The penalties that may be imposed upon employees For drug abuse violations occurring in the workplace. (c) Require that each employee to be engaged in the performance of the grant be given a copy of Che statement required by paragraph 1(a); (d) Notify the employee in the statement required by subparagraph 1(a) that, as a condition of employment under the grant, enipioyee will - (1) Abide by the terms of the statement; and {2) Notify the employer fn writing of any conviction.for a violation of a criminal drug statute which occurred in the workplace, no later than 5 calendar days after such conviction; (e) Notify the cognizant Corporation Grants Officer within 10 calendar days after receiving notice of such conviction under subparagraph (d) (2) from the employee, or othertivise receiving. actual notice. The notice shall include the title of the employee's position and the identification number(s) . of the affected grant; (fy T ai:c ore; of the following actions, within 30 calendar days of receiving notice with respecC to any employee who is so convicted - (1) Take appropriate personnel action against such an employee up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2} Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Make a good faith effort to continue to maintain adrug-free workplace through implementation of paragrap}is 1(a) through 1(f). C. LOBBYING As required by Section 1352, Title 31 of the U.S.° Code, and implemented at 45 CFR Part 1230, for organizations entering into a grant or cooperative- agreement over b 100,000, as defined at'45, CFR Part 1230, Sections 1230.105 and 1230.110, the applicant certifies that: 1. No Federal appropriated funds have been'paid or will be paid, by or on. behalf of the undersigned, to any person for influencing or attempting to - influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an enipIoyee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, ?. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with .this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3: The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certification(s). (A copy of the governing body's authorization for me to sign this certification as official representative is on file in the applicant's office) ~plicant Organization Printed Name and Title of Authorized Representative Signature of Authorized Certifying Official Date NSSC Form 424C (12/97) ~,d' ~; r~ {7'liis page intend®nally left blank} z • • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Consent Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Alleri O'Neal SUBJECT: Approval of Resolution Relating to the Sale of Surplus Property Jointly Owned by the City of Wilmington and New Hanover County BRIEF SUMMARY: The property is located at 917 N. Fifth Street, Parcel Number 3118-20-82-8484.000. Tax Value is 53,105. Mr. Morris Massey, 141 Blount Drive has offered to buy the property for 54,250. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER' Recommend approval. wit 7 ~~ ~'~;;, f~PPb~®~ ~..~-~.. fR~JEO`tl~ POSTP®RIED CZ ;~EARi~ ~ '~: , v~~~~ < <-?~~~a Lc INTRODUCED BY: Allen O'Neal, County Manager DATE: Nlay 6, 2002 RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 917 N. 5TH STREET LEGISLATIVE INTENT/PURPOSE: This resolution relates to the proposed sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer Tax Value Property Dimensions 3118-20-82-8'184.000 917 N. 5"' Street 5=1;20.00 53,10.00 4b x 46 4809-038-025.000 Offerer ~~Iarket Value Morris Massey, 141 Blount Drive, Wilmington, NC 54;250.00 This property has been offered to all qualifying non-profit organizations. None could use the property in their program. The offerer has agreed to pay the amount indicated above for flze parcel identified. The parcel has been declared surplus by County Commission and not needed for public purposes. RESOLVED: That pursuant to N.C.G.S. 160A-269, the County Coirunission does hereby propose to accept the offer to purchase identified herein from the offerer as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That the~City of Wilmington or New Hanover County will retain any deposit posted by the offerer when: a. The offer is withdrawn after posting the deposit. b. The offerer fails to pay the balance of an approved offer, due in cash, within ten (10) days of ,~,_ _ receipt of'a notice by certified mail of availability of the deed of conveyance. .r,^ ~~~ 4. That the offerer~slall deposit the sum of 5% of the total offer immediately following adoption of this resolution. N ,,~'-4~~,;4? 5. That the Clerk of the Board of Commissioners will publish a notice of the offer as required by N.C.G.S. 160A-269. ~¢ Adopted at a regular meeting on May 6, 2002 ATTEST: Clerk to the Board • ~°~ ~~ t" ,~" New Hanover County Board of Commissioners Chairman "7.~ ~T~- r 4 ~~ w to ~ ~ m ~ ~ @ ~ ~ Q wr '~ tV N N ~ J , N N b ~ 5 N M W .tP$ 3 N » ~ •~ ~ ~ .- ¢ o 0 4 m U s s' ~ m ~ ~. ~ ~ @ •@ M itl ~ - ~ G ~ .N ~ L. N m t ~ » P7 O m ~ 4~ " s = s ~ ~ t'1 ~`^ e•~ h ~ ~ ~ ~ t n~m~ m ~ ~~~*} b t ~ .- °_f1n @ Lgg C'>A,. f~ ..,. '~. " 1 s a' 1 h 1 @ @ 70 ~T i 3RD r 1 n t t ~ t r Q 1~ (h 1 o ~ 1 t 1~ v Y4 V ~ 1 t @ h ~ ~ 1 f m 1 1 29VD `~ I iv }- `4 W ~ Z ~, C7"f Q 'y N g m ~ II7 t r m @ y~Vy 2 t 1 v 1 `m' ~` ~' IL>7 @ + t Sd^ ~~ ~ ~ ~ '~ - 9 F "'4A '~ d' tV. 1 ~ ~ 1 ~ /in . [~ gr c7 ~ ~ i'rdj t . ~ ro ~ ~.~ t ~ t q 1. fss~ ~ ~ H ,,` 1 1 w 1 t m N 1 @ ~ g Q1 1 . ~ ~N@ ,~ chi '^ N . r 1 27 1 1 1 1 ~ '~, ~~ ~ 8 ~~- ~` j~ _~ - FJT H _-_ ___ . J_,..~.~- `~ A I ~ '~ y.t ~ ~ ~ ~ @ o N ~ N _ ~ r '~ . ~ ~ 1 t ; t ~ ®~ r7 a _ 1~ d Z ~ B 1 :d m ~ t ~ s. @ td U] 1 . V h }~ h ~ 1d' ti 1 h 1 ~~ I ri 1 1 ( ] ; t ~ ® @ ~ ~ ~ ~ ~ 1 ~ ~ ~ a ~.A~ r '7 jn to n h f ~ ~ ~ i ~ ~ 7 ~7 ~ ~ .37 ~ . ~ m ~ m co t sn ~ m ~~ `~ e 1 t d/ 6 t ~ ~ .. ~ t( h . 6J ~~ ~ W ~~ ~ V ~ ~ ea ro to co O Y ..r.~°°" 2ND ^~ c~ ~f C7 N `~ t4 a~ V t ~~ '^l°. Q Z ~ ~~ 88 ~I T ~~~ m s~ cy cw 0 n • • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 05/06/02 Consent Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: David F. Weaver, Assistant County Manager and Dexter Hayes, Planning Director Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: New Hanover County Contract # 02-0327 Buy-Sell Agreerraent for Peterson Pr®perty. BRIEF SUMMARY: The Petersons have offered to sei4 approximately 17.35 acres to New Hanover County for 51 ,560,000. The purchase would be undertaken with Clean Water Management Trust funds. The closing is contingent upon the usual conditions and Clean -Water Management Trust approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider authorizing execution of proposed Buy-Sell Agreement. FUNDING SOURCE: Clean Water Management .Trust funds ATTACHMENTS: ' Yes'. REVIEWED 8Y: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COM TS AND. RECOMMENDATIONS: As recommended above.-jJj/)y.. !~llwnwnl[~f+i /1wlrPl [.r n/9TI/~w`~ 1[`/!+/'111fl fl11CA1TC. 7~^~®/hgyYP®~ VQ47~~}~V~~C]9~~;,1d1~W 4106 d tl 1®V ~.. " ^~ p , , ~~ „~~ / it~EJEC`~ p _~ REMOVES O ~ '. POSTPOi~ED ~1EARCJ ~. New Hanover County Contract # 02-0327 NORTH CAROLINA BUY AND SELL AGREEMENT NEO/U HANO!/ER COUNTY THIS AGREEMENT, made and entered into this day of 2002 by and between DWIGHT PETERSON and wife, KAREN PETERSON and GEORGE PETERSON and wife, LINDP, PETERSON, JESSE PETERSON- and wife, PAMELA PETERSON, ALFRED PETERSON, and JEANNIE WHITETED hereinafter referred to as SELLERS; and NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, 320 Chestnut Street, Wilmington, North Carolina 28401 hereinafter referred to as BUYER; WHEREAS, BUYER desires to acquire the subject property herein for a public ~`, purpose: WHEREAS, SELLERS are willing to sell said pro ert at a ne otiated rice.. p Y g p WITNESSETH: That subjectto and in consideration ofthe terms and conditions hereinafter setforkh, SELLERS have contracted to sell to BUYER and BUYER has conditionally contracted to purchase from SELLERS those four certain tracts or parcels of land lying and being in the County of New Hanover, North Carolina, Tax Parcel No. 4400-003-120-000, Tax Parcel No. 4400-003-031-000, Tax Parcel No. 4400-003-039-000 and Tax Parcel no. 4400-003- 119-000-„and-being,:approximately 17.35 acres, more or less, excepting and reserving from the.' conveyance Lan approximately three thousand square foot (3,000') area adjoining =; ~ ., Dunbar Road,;y~w.ith the specific location to be mutually agreed upon and set forth by survey. The terms and conditions of this sale and purchase are as follows: ~, New Hanover County Contract # 02-0327 1. The purchase price for said premises is One Million Five Hundred Sixty Thousand. ($1,560,000.00) Dollars, to be distributed according to the schedule attached hereto and incorporated herein by reference as Exhibit "A". Earnest money in the amount of One Thousand ($1,000.00)-Dollars is deposited in escrow with .Prudential Real Estate to be applied toward the purchase price, or otherwise disbursed as authorized. The earnest money shall be fully refunded should the Board not approve this agreement, or should other conditions set forth herein cause the BUYER not to close. 2: The purchase price is to be paid to SELLERS, or their designated agent, in cash within sixty (60) days of approval of this agreement by the Board of County Commissioners and North Carolina Clean Water Management Trust Fund, upon delivery of the deed for said property to the BUYER. . ~ 3. All ad valorem taxes, including any delinquent taxes, are to be paid by SELLERS except current year taxes which are to be prorated on a calendar year basis to the date of closing and final settlement. 4. SELLERS. agree and binds themselves., their successors and assigns, upon payment of the purchase price for said land, as hereinbefore provided, to execute and deliver to BUYER, or its. assigns, a good and sufficient deed in fee simple, conveying a good and marketable title to said land and premises to BUYER, with general warranty and free from.encumbrances, except public utility easements of record and zoning regulations. 5. BUYER may obtain, with BUYER bearing cost thereof, a standard PHASE I ENVIRONMENTAL ASSESSMENT and BOUNDARY SURVEY, BUYER'S obligation to purchase is expressly contingent upon the results and finding of any ENVIRONMENTAL ORIGINAL New Hanover County Contract # 02-0327 ASSESSMENT and SURVEY being acceptable to BUYER. 6. SELLERS shallfurnish excise stamps to be affixed to deed and BUYER shall be responsible for recording deed. 7. Parties hereto agree to execute any and all other documents or papers that may be necessary in connection with the transfer of title as hereihbefore set forth, possession of the property. 8. It is understood and agreed by the parties hereto that the terms and conditions contained herein shall iriure to the benefit of the BUYER and SELLERS, their successors, heirs, assigns and administrators. 9. The BUYER'S duty to perform hereunder is expressly contingent upon approval of this agreement as an official act of the County by the Board of County Commissioners in a re ularl scheduled meetin .The Board maint i sole n g y g a ns a d absolute discretion in determining whether to grant such approval. 10. The BUYER'S duty to perform hereunder is expressly contingent upon the BUYER obtaining an appraisal supporting the valuation reflected in the purchase price. SELLER'S will be given copies of any appraisals the BUYER has performed. 11. The BUYER'S duty to perform hereunder is expressly contingent upon the North Carolina Clean Water Management Fund approval of the transaction. 12: The property would be designated by the County "The Jesse and Lila Peterson Nature Trails"or such other comparable language acceptable to the County. The County will provide and post signs so designating the property. 13. The County shall not pave the bridle trails. The County will maintain bridle ORIGINAL New Hanover County Contract # 020327 trails for public use.. Such trails shall be configured and maintained in a manner acce table P to the County. No motorized vehicles will be allowed except for maintenance or emergency use. 14. The County shall, plant and maintain a vegetative buffer between the George Peterson. and wife, Linda Peterson property and the Jeannie Whiteted property, using such plants as County may elect. ' 15. To the extent not inconsistent herewith, all those terms, conditions and ` provisions set forth in the model agreement for purchase and sale of real property, NCAR . Form #580, are incorporated hereby by reference. 16: Perpetual North Carolina Clean Water Management Trust Fund environmental easements shall be placed on the properties within one (1) year of closing.. WITNESS, our hands and seals the day and year first above written. NEW HANOVER COUNTY [SEAL] . Allen O'Neal, County Manager ,gTTEST: Clerk to the Board (Seal) DW HT ETERSON r ~~ %~U ~ : ~~ ",~"~'1LJ ` xl'~-~ {Seal ) KAREN PETERSON ~` a ~~ RVew Hanover County Contract # 02-0327 GEORG PETERSON - -__ --- - -- __ ~.,~.r~-f~,, (Seal ) LINDA PETERSON ~ ~ ~,~ ~ ~~~ (Seal) JESSE PETERSON ~ ~~ PAMELA PETERSON ~ - • ,-t,~-~' -(Seal) ALFR ETER ON . ~. /~ EA~INIE V~1%HITE-TED This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, OR161NAL New Hanover County Contract # d2-0327 and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with its corporate seal grid attested by .herself as its Clerk. WITNESS my hand and official seal, this day of , 2002. Notary Public My commission expires: NORTH CAROLINA COUNTY OF ~~~ ~~ ~~~,~.r;~`d:~,~- ~-- ~ ~ ^_ 1 I, ~~'~- '~~'' ~-% `- ~' ' ~~'{, , a Notary Public of the State and County aforesaid, certify that DWIGHT P TERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal, this ~1 ,efia.y of ~~, r , ~'; , 2002. Notary Public P~1y commission expires: ,~ I ~ I~ / .~ U NORTH CAROLINA COUNTY OF ~~a~~} 1~',~~~,~,_~~:~-;.~ ~,. I, ~~ ~~ ~~ !<<~~ ~ ~ ~ ~ ~ ~ `~ , a Notary Public of the State and County aforesaid, certifythat KAREN PETERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. ~ ~~ VviTNESS my hand and official seal, this ~y of ~~' ~~ - ~. , 2002. ~~ d \a ~ s c~~``~ ~'~ . <~ ,AIL-~ ~, ~. ,--- ~ Notary Public My c~r~~rniSsiori expires:. ,~_l I ~ 3 • ORIGINAL NORTH CAROLINA New Hanover County Contract # 02-0327 ~l COUNTY OF ~i~ ti'~~ ~i~''J~'~`~~l ~II 1, ~~' iC~ ~ . ~ 1~'r ~`'~y , a Notary Public of the State and County aforesaid, certify that GEORGE PETERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS m hand and official seal, this ~ a of Y~ ' ~ , 2002. Y y ~ ,,. ,~ otary Public i 1 ~_% My commission expires:` NORTH CAROLINA ~- COUNTY OF ~~~`~,,~ -~~u~J'~1' a Notary Public of the State and County aforesaid, certify that LINDA PETERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal, this My corr,;~iission expires:, ~ ~ ~- ~J~ _ NORTH CAROLINA y of ~~~ '~ ; ; 2002. otary Public COUNTY OF ~~'~~~J -~~h~J~~i~-~~ _ I ~ ~~'~~~.' ~~ ~~ ~ ~ ~ ~ r '"l, ~ , a Nota Public of the State and ry County aforesaid, certify that JESSE PETERSON personally came before me this day and acknowledged the-due execution of the foregoing instrument. WITNESS my hand and official seal, this ~ cj,~y of ~ ~~ ~ , 2002. ~l ~~ My cornr~ission expires: ary Public ~, ~? i ORIGINAL i ~~' • New Hano~rer County Contract # 02-0327 / N Lary Public My commission expires: ~ { l I;J~ NORTH CAROLINA COUNTY OF ~~~.v~ ~~;}r,~~~~ I, ~ ~.5~(-t~; i , a Notary Public of the State and County aforesaid, certify that PAMELA P ~ TERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. c ~ WITNESS my hand and official seal, this ~ d y of ~~,~~~" ~ ~ , 2002. ,~~~~~~ NORTH CAROLINA i j1 COUNTY OF 1~~~~1% i~~(~Y'~EJ,~~?" ~. I, i , a. Notary Public of the State and County aforesaid, certify that ALFRED PETERSON personally came before me this day and acknowledged the due execution of the foregoing instrument. ~dVITNESS my hand and official seal, this- ~ day of,_i-'(."{ ', , 2002. My~ comrnis~ion expires NORTH CAROLINA } . COUNTY OF 1 V~%~J ~1~~,~i~}~JJr ~ --~, i I, ~~~~~% ~C~ ~ . ~ ~ ~~ ~-~ ~ , a Notary Public of the State and -- County aforesaid, certify that JEANNIE WF~iITETED personally carne before me this day and acknowledged the due execution of the foregoing instrument. ~- VVITNESS my hand and official seal, this ~ d of ' ~ ~ I ~ , 2002. ~-- , ~; '~J if L~i~' / N tary Public ply commission expires:; I ~ ~~.J ~Ii~IJ~~P~i L r, Q .n x W ;~ ~w~ ~~, `~:a 0 0 0 0 0 0 0 0 0 0 0 o c o 0 ~ ° o ° o o i a o o ~' - c ~n s _ o ~ ~ 3 ~ v v v m o O ~ o ~ o a' o ~ '-o_ o ,o ~ o 0 - o 0 o 0 - ~ 'o ~. h N O O C O C N O O O O O G7 O O O -~ V' if± ~ O ~ ~ T N N N ~ N U N N N Q1 M m Z c 0 U O O O N C7 ~ O O O O V ~ .- O r- M lU U Q ~ O M N N ~ O ~ J ~` _~ "lP n T M r C O C O N C ~ ~ o m C1 ?, N N ca j_ C m d -o ,~ N ~ a~ m J ca Q d a O ~ ~ ~ ~ ~ ~. ~' ~ .a ~ n a C ~ Y ~ ~ HS m O o ~~ N v ~ ~ ~ ~ .D % c a~ m °' c u) v ~ 3 O ~ ~ ~ d Q ~ -~ C~ IVEW HAIUOVER COUNTY BOARD OF COMMlSSlOIVERS REQUEST FOR BOARD ACTION Meeting Date: 05/06./02 Budget Amendrl~ent Consent Item #: 8.1 Estimated Time: Page Number: DEPARTMENT: Juvenile Day Reporting. Center ~~ ___. BUDGET AMENDMENT #: 02-0172 ADJUSTMENT DEBIT, CREDIT Juvenile Day Reporting Center-Gov. Crime- Comm. Salaries fICA Retirement Medical Insurance Supplies Computer Equipment Capital Outlay. Juvenile Day Reporting Center-NHC Schools Salaries FICA 525,960 54,500 518,480 58,000 532,250 53,750 528,1?4 -; 5 34,151 51, 200 529,475 EXPLANATION: This budget amendment is to decrease the budget to reflect a grant adjustment approved by the Governor's Crime Commission. We-anticipated not spending all of the original grant awarded by the GCC and submitted a revision to reflect this. Because the match on the-grant is provided by the NH c s> we also have to decrease the JDRC/NHC Schools t~udgeted expenditures. ADDITIONAL INFO MATION: APPROVAL. STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: y .1~~u~/~1..;-... ~ ~ i I~Ir~ 6?.EMblIE® POSTPOi~~Q ~ : e .~ ~r YY yS/la/D ~. :,L'l CZ~ i aw NEW HANOVER COUNTY BOAR® OF COMIViISSiONERS REQUEST FOR BOARD ACTION Meeting Date: 05/06/02 Budget Amendment , Consent Item #: 8.2 Estimated Time: Page Number: ' DEPARTMENT: Public Health/Breast and Cervical Cancer Control Program BUDGET AMENDMENT #: 02-0183 ADJUSTMENT DEBIT CREDIT State Grant Contracted Services 58,000 58,000 EXPLANATION: To budget an additional 58,000 received from the State Breast and Cervical Cancer Control .Program for use in providing services to wo who are eligible. These are one-time fiunds and must be spent by June 30, 2002. _ ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: -~ C E E r - ~~~~"~s't ~~ ~~~v~- ~EJECT~D ~`'~ 1?EMOVED ~~, J`a,1f~~i~'~ ~~ POSTPONE~1' '''+ ~Y~EARi~ ~= - ,~s_-- --_~.