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Agenda 2001 05-07
j k~i 0G ~ ~ ®A ... ~~NOYE$ C~ ' G P; 1. ~ ~,~ uw - N~~ IMPO~E%P/ O~ ,INOVSTIIT oFWORTH~'4 .. NEW Ht~NOVER COI3NTY BOARD O~~~COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 . Wilmington, NC TED DAVIS, JR., CHAIRMAN • ROBERT G. GREEK VICE-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 May 7, 2001 5:30 p.m. MEETING CALLED TO ORDER (Chairman Ted Davis; Jr.) y INVOCATION PLEDGE OF ALLEGIANC E APPROVAL OF CONSENT AGENDA . ESTIMATEID ITEMS OF BUSINESS PAGE TIMES NO. 5:45 p.m. 1. Consideration of Resolution from the Mason Inlet Preservation Group 1 ecl ~ 5:50 m nI .~ ~ ` ~~'i'11' ~nsideration of Request to Change the Name of Smith Creek Park`vay to Rev. 5 ~~ ~' I7r. Martin Luther King, Jr. Boulevard - 5:.55 p.rn. 3 Consideration of Proclamation Declaring May, 2001 as Osteoporosis 9 Prevention Month in New Hanover County ®r 6:00 p.m. 4. Presentation anal Comments by Belynda Bilbrough regarding Endangered 11 Species 6;05 p.m. 5. Consideration of Resohition Declaring May 12 Letter Carriers Food Drive Day 13 in New Hanover County 6:10 p.m. 6. Consideration of Support for YWCA Interracial. Dialogue Study Circles 15 ~ ,y~GV' ~ Resohition . S ~ ur - ...f ~, e ~ S 6:15 p.m. ~' u-~l Establish an Operational Policy for New Hanover County TV 17 6:25 p.m. 8. Meeting of the Water and Sewer District 57 Public Hearings: 6:55 p.m. 9.1 Rezoning Request by Cindee Wolf for Jere Legwin to rezone 1.32 acres of 25 property located at 7965 Market Street at the southwestern corner of the intersection of Market Street and Mendenhall Drive from R-15 Residential to CD (B-2) Conditional Use Highway Business. (Z-724, 04/01) 7:05 p.m. 9.2 Rezonin;; - Request by Planning staffto apply a Special Highway Overlay District 31 rr~ ~ 1,000 feet on either side of the Highway 17 By-Pass right-of--way extending from ~ ~5~_ n~-~4 ~~ ~1 a ~ its intersection near Futch Creek Road and Market Street west to Highway 421 North. (Z-725, 04/01) c . 7:15 p.m. 9.3 Special Use Permit -Request by Alicia Cheney for a Special Use Permit to allow 3 5 E, ~ '~-1'li~-e-d- a Pet Grooming Center located on the south side of Carolina Beach Road north _ . - ~1~~~~ of Riggs Trail at 4802 Carolina Beach Road. (s-475, 04/01) 1 . o ESTIMATED ITEMS OF BUSINESS ~ PAGE TIMES... ~ NO. 7:25 p.m. 9.4 Subdivision Text Amendment (Continued Items Request by Terry Turner to 39 amend Section 41-1 (7)(h) ofthe Subdivision Ordinance pertairiingto stub streets. (A-306, 02/01) 7: 45 p.m. 9.5 ~ecial Use Permit Request by New Hanover County to permit a fire station iii 45 ' ~ r an~R-15 Residential Zoning district lacated at 9815 River Road near Snows , Cut. (5-417, 10/00) _ 7:45 p.m. 10. Consideration of New Hanover County Parking Deck and Library Renovations 49 Award of Contract No. 01-0307 ~ 8:05 p.m. 1~1': Condemnation of 24.66 Acres (9 parcels) of Property`Located on the East Side 51 , ~ of the CSX Railroad and Blue Clay Road Opposite Pilgrim Circle on Behalf of ~ _ the New Hanover County Airport Authority. ~ 8:25 p.m. ~1' Award of Bid and Approval of Contract for the Purchase and InstaItation of 53 Broadcast Equipment 8:30 p m ~~ ~"c13. Establishment of a.Schedule.for Review of the Airlie Gardens Master Plan 55 8:35 p.m. 14. Non-Agenda Items (limit three minutes) . Additional Items:- County Commissioners, County Attorney, County Manager 9:00 p.m. Adjourn .t - * Note: The time listed for each agenda item is estimated ,and in the event that a preceding item takes less time, the Board will move to the next item. 't. ~ .' ~,,. _ ~ '. - i. ~ .~ ,': ~- • MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC May 7,.2001 ITEMS OF BUSINESS PAGE NO. 1. Non-Agenda Items (limit 3 minutes) 57 2. Approval of Minutes. 59 3. Presentation on the Kings Grant Sewer System 61 Adjourn • 1 2 3 4 5 6.1 6.2 6.3 . ~ CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS May 7, 2001 ITEMS OF BUSINESS PAGE NO. Approval of Minutes 65 Approval of Judicial Expansion -Temporary Handicap Ramp and Approval of 67 Associated Budget Amendment #2001-45 , Approval of Bank of America Certified Copy of Corporate Resolution Opening and 75 Maintaining a Safe Deposit Box Approval of Recommendations from Juvenile Crime Prevention Council for 79 Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2001 through June 30, 2002 Approval of Conveyance of Property to the Department of Transportation ~ 81 Approval of Budget Amendments: #01-0191 Social Services/Title XIX -Medical Transportation/Special Assistance - 85 Adults #2001-43 Sheriff -Federal Forfeited Property 86 #2001-44 Sheriff -Controlled Substance Tax 87 ~~,.- ~~` ~ - _ f. _... ~t DATE: TO: i FROM: RE: k f ~~NTY NEB ~-9.~lvv v u~ FACE ~ ~ INTEL- ®~ _ , _ _-_-- ~~~ ,~ f May ~ , 2001 Allen O'Neal, County Manager Director "'" Cam Griffin, Budget Budget Calendar ~ t ~ or nnl e remainder of the ., ~ ~ £'~ } ~ i NEW ~IIANOVER COUNT' ~, 'INTER-OFFICE i ~~:~~~~ , ~_ ~ - -- f DATE: May 7, 2001 ' TO': Allen O'Neal, County Manager FROM: Cam Griffin, Budget Director RE: Budget Calendar Please find attached a revised budget calendar for the remainder of the budget process. The Board of County Commissioners may wish to establish budget work session(s) between the time the budget is recommended and adopted. • Please let me know if ou have y any questions or need additional information. Attachment .~ ~ ~;~~ ~._ BUDGET CALENDAR FOR FISCAL YEAR 2001-2002 2001 May 21 County Manager presents Recommended Budget at .Board of Commissioners' Meeting June 4 ~ Public Hearing on Budget June 18 Adopt 01-02 Budget R NENV HANOVER COUNTY DOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 Department: County Manager Presenter: David Weaver Contact: David Weaver SUBJECT: Consideration of resolution from the Mason Inlet Preservation Group BRIEF SUMMARY: The attached resolution from Frank Pinkston, Chairman of the Mason Inlet Preservation Group, will be presented to the Board for consideration. The resolution basically emphasizes the years of effort that the County and others have devoted to the Mason Inlet Relocation Project, and recommends that the County request the Corps to issue a permit. ~ . The present regulatory process appears to have reached a standstill. The U.S. Fish and Wildlife Service in their Biological Opinion and the National Marine Fisheries Service in their Essential Fish Habitat report essentially have told the Corps that there is no suitable time for relocating the Inlet. The Corps, while still working with us, apparently is having difficulty resolving this issue because the Corps is required to follow a complex procedure that recognizes the powers of these other agencies. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board should ccnsider adopting this resolution. The resolution would inform the Corps that the County supports the Corps in its effort to reach a logical and ti ly decision. FUNDING SOURCE: No funding involved. ATTACHMENTS: Resolution from the Mason Inlet Preservation Group ~:1U1~11'Y ~OMMi~ION~ APPROVED REJECTED ~ REMOVED ~ POSTPONED CJ FiEAR~ ,,. L ae~~~ ~ ~ 1 l C~~ ~lGt~~~%J ~~ FROM FAX N0. : Mdy. 28 2000 05:2aPM P2 J.`'AciSOZ7l ~R7.~0'~ ~" XL'Se7[ V•~.~10~3 ~.3~0~~~ c/o Frantz Pin.lzstvn -- 1178 '1'ennwood Dnve Wi~nin~ton, : ' C 284+11 April 24, 2001 Ted Davisy Jr_, Chairman iVevv Hanover County Commissioners 320 Chestnut Street Wilmington, NC 28401 Subject: Mason Inlet Relocation Permit 'Dear Mr. Davis It appears that the Mason Inlet permit approval process is still being delayed at.the Corps of ingineers for no understandable reason. Due to the critical need to get this project underway and completed this Summer, prior to the directed removal of the sandtubes now preventing the destruction of the Shell Island Hotel, I am requesting the Board of Commissioners consider the attached Resolution for approval at your May 7, 2001 Board Meeting and submission to the Corps. I have discussed this matter with Dave Weaver and he fully supports this action. We are aware that the county staff and the consulting engiueerln~ firm (ATM) have worked hard to satisfy concerns expressed by the Gorps and other involved agencies in an effort to speed up the process. However, it does not appear that the Corps is moving towards issuing a permit that would allow the project to be accomplished this Suzzimer. As reflected in the Resolution, this delay could (most probably would) create a major disaster for fihe county this coming V~inter_ Having tried everything else, including a request to Senator Helms for his assistance, I believe some of&cial pressure from the County Comrr~issioners, by way of this Resolution, might influence some positive action at the Corps. As always, we deeply appreciate your assistance in this crucial matter. Sincerely, C~~,i~~`'`*~~ Frank Pinkston, Chairman b `~" Masan Inlet Preservation Group ~ ~, 6 ••• ~~ .. ~.., ,. ~.-Attachment; Drafi o£groposedResolutiorz . 2 ~ ..~ .b FROM FRX N0. : May. 28 2000 05:21PM P3 MEW, i~A?v~VElt C()UNT1' ~®A1~1~'UF C®MMISSI(3i~iERS RESOLli'I"ION REQUESTING THE US ARMY CORPS OF ENGINEERS TO TAKE RAPID ACTION UN APPROVAL OF PERMIT FOR DREDGING TO RELOCATE MASON INLET ('I'U lZESOLVF. PROBLL:MS OF INL1='I' iNlltiC}:,i) F:KUSIUN U~ WRIG~I'1~SVII.I,F. BEACHAND FIUUIZI: r:IUHT ISLAND BL•ACHES) WIS~~AS, New Hanover County, a county of the State of North Carolina, is the location of the properties negatively a~'ected by the southerly migration of Mason Inlet; and ~~IEZEAS, the New Hanover County Commissioners adopted a resohztian otz September 8, 1998 approving the formation of a coalition of Homeowner ASSOGIations know a5 the "Mason Inlet Preservation Groupp (l\~PG) and to support the efforts of developing an inlet management plan to relocate and stabilize Mason Inlet; and ~HEIEtEAS, on February 15, 1999 tkre l~~ew Hanover County Comrr~issioners voted unanimously to assume sponsorship of the inlet relocation project; and ~lf~FtEAS, on April 19, 1999 the new Hanover County Commissioners voted to assume the initial financial responsibility for#lre project under the provisions afthe North Carolina Genez'al Statue 159, which permits the county to take on a capital improve~merrt project and upon final completion, assess the benefited property owners for the cost of the project; and WW~IEI~,A~S, on A.u~rust 30, 1999 application for the inlet relocation project was submitted to the C.3 S Army Corps of Engineers by New Hanover C ounty; and tii'I~EI~AS, the initial Environmezrtal AssessmsQt (EA) and project design for the inlet relocation was submitted to the Corps in October 1999 by AT?V!; the en~.neering consulting firm employed by New Hanover County; and WIl~1S, ATM and the county engineering staff have worked continually with the Corps and other appropriate agencies to respozzd to all request for additional data over the past 18 to 24 months, including the preparation and submission of a more detailed EA; and W1E~11~A~ the temporary waIl of sandtubes that are currently protecting property from destruction by the migrating inlet must be removed in December 2001, by order of the -CRC; and has a:~.eed to a~onitorina vr~oszrartr to_protectfor the enviranment_and ~~ varrous wuatrre speoias_aunng constructron,'~and' ~'~'32F&S, if the inlet relocation project is not allow~o proceed during the Summer of2001 (prior to tha removal t~f the sandtubes), property destruction will surely occur and a terrible environmental disaster wdI foIlow which will be most damaging to the w~dlifs species acid very costly to correct. ® ~ 3 ,FROM FAX N0. May. 28 2000 05:22PM P4 NOW, ';t'41E;i~~'OIZE, BE i'T ;{2E50Y.,VED and understood that the County Commissioners know of no logical reasan far the inlet relocation project to be delayed any further. Based on all available information provided to the county and from the above accounting of actions taken during the permit application process, there is no apparent substantive reason for the Corps Co delay the issuing of a project permit. Therefore, the New Hanover County. Board of Commissioners, by approving this resolution, do hereby request the US Army Corps of Engineers to take immediate action to issue a permit that will allow the completion of this~project during the Summer months of 2001 _ Adopted this 7th day of May 2001 Ted Davis, Jr., Chairrztan Attest: Clerk to the Board 4 ~ IVEW HANOVER C®UNTY BO/~R~ OF COIVIMISS(OIVERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/0;1 ,Regular Item #: 2 Estimated Time: Page Number: .Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Consideration of Request to Change the iVame ofi Smith Creek Parkway to Rev. ®r. Martin Luther King, Jr. Boulevard. BRIEF SUMMARY: .The Alpha Phi~Alpha fraternity, Inc. proposes the name of Smith Creek Parkway be changed to Martin Luther King, Jr. Boulevard and requests the Board to consider the change. RECOMMENDED M0T9ON AND REQUESTED ACTIONS: Consider request to rename Smith Creek Parkway. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NUT REQUIRE REVIEW • r.~Q1.11110 A ~IYII~~ .; APPROVES REJECTE® ~ ` REMOVED E~--Ize~rv--~ `~ ~lcu~c~r~ .~~ .~ POSTPONED C7 ~iEAFt1~ ~ `• ~~ Alpha I'hi Alpha Fraternity, Inc. Gamma Kappa Lambda Chapter _ Post Office Box 796 Wilmington, North Carolina 28402 919-872-7764 {{ if E ' ~ ~ 6 }. •~" ~t ~ til''k E7 f5 6 1~~ ,~ ~ ~ I~.Y"o~ t Apri13, 2001 ~'o: Honorable Ted Davis, Jr. Chairman, New Hanover County Board of Commissioners ' Honorable Robert G. Greer, Vice-Chairman, New Hanover Board of Commissioners Honorable William A. Caster, Commissioner, New Hanover County Board of Commissioners Honorable Julia Boseman, Commissioner, New Hanover County Board of Commissioners Honorable Nancy Pritchett; Commissioner, New Hanover County Board of Commissioners . Honorable Allen O'Neal, County Manager. Honorable A11en Pope Divisi~on_(~ g;neer, NC Department of Transportation From: R. Fullwo resident ~~ Re: Rev. Dr. Martin Luther King, Jr. Boulevard This communique follows our presentation before the New Hanover County Board of Commissioners on April 2, 2001 at 6:00 pm regarding our official request dated March 12, 2001 to change the name of Market Street to Martin Luther King, Jr. Boulevard. The initial request was made on January 14"' and 1~`h- at county-wide public functions celebrating the life and legacy of Dr. King. Our April 2, 2001 presentation also included a request to consider Smith Creek Parkway as an option. As you also made it clear, the board could not consider Smith Creek Parkway since our original communique to the Board of Commissioners made only reference to Market Street. Further, notwithstanding your reasons to deny our official request (..ie.:. the historic significance and the associated cost to private businesses and citizens... etc.. }, we are hereby submitting the second official request. Be it further understood that we are hereby requesting the New Hanover County Board of Commissioners to use all of their knowledge, skills and abilities to change the name. of Smith Creek Parkway to Rev. Dr: Martin Luther King, Jr. Boulevard. It is our hope that we can find common ground to approve this request as we all drink from the same cup of life. It is in the name of Gamma Kappa Lambda Chapter of Alpha Phi Alpha Fraternity, Inc. and the spirit of Reverend Dr. Martin Luther King, Jr. that I submit this request. Thank you for your attention and consideration given in this matter. Cc/jrf Honorable Harry Johnson, Esquire, Geneial President , Honorable Linwood Bell, Southern Regional Vice-President Honorable Dr. Orlando Hankins, Director, ANCA Honorable Earl Jones, District Director Honorable Luther Jordan, North Carolina Senator Honorable Thomas Wright, NC House of Representatives Honorable David L. Jones, Mayor of W"ilmington t~°~~ s`wz';Wilmtngtop Ctty,,Council Members ~~'~'~~~` ~Horioralile~Jolm`Fc'edla ,President, NAACP Wi mingt~Tiitevdenominational Ministerial Alliance Committee Honorable~P.eter Crrear.,Esquire, The Challenger Honorable~Mary~Alice7ervay-Thatch, Wilmington Journal Martin Luttiei?Kirig"'Roundtable Gamma Kappa Lambda Chapter Omic on 'T'heta Chaptei "The Architects" d • .. „_~,~ Alpha Phi Alpha Fraternity, Inc. Gamma- Kappa Lambda Chapter Post Office Box 79b Wilmington, North Cazolina 28402 919-872-7764 Apri13, 2001 Ta: Honorable David L. Jones, Mayor Honorable Katherine Bell-Moore, Mayor Pro-Tem Honorable Charles H. Rivenbark, Jr., City Councilman Honorable Franl: S. Conlon, City Councilman iivuvrable Laura `vT. Padget, ~ii~% ~Ge.ii.:.Iliilari Honorable J. C. Hearne, II, City Councilman Honorable Sandra Spaulding-Hughes, City Councilman Honorable Mary M. Gornto; City Manager. Honorable Penelope Spicer-Sidbury, City Clerk rable Allen Pope, 'ion Engineer, NC Department of Transportation Froua: s-R. Fullwood, i'r ident Re: Rev. Dr. Martin Luther King, Jr. Boulevard This communique follows our March 12, 2001 official letter requesting that 1~Iarket Street name be changed to Martin Luther King, Jr. Boulevard. After much discussion with many citizens, business leaders and the New Hanover County Board of Commissioners who cited the historic significance and the associated cost toy private businesses and citizens, we have made a decision to withdraw our request to have the name of Market Street changed to the Rev. Dr. Martin Luther King, Jr. Boulevard. Please be informed that we are hereby officially requesting that the naffie of Smith Creek Parkway be changed to the Rev. Dr. Martin Luther Piing, Jr. Boulevard. Further, we are available to address this matter before the City Council upon your request. It is in the name of Gamma Kappa Lambda Chapter of AIpha Phi Alpha Fraternity, Inc. and the spirit of Reverend Dr. Martin Luther King. Jr. that I submit this request. .Again, thank you for your attention and consideration Qiven in this matter. Cc:jrf Honorable Harry Johnson, Esquire, General President Honorable Limvood Bell, Southern Regional Vice-President Honorable Dr. Orlando Hankins, Director, ANCA Honorable Eazl Jones, District Director Honorable Luther Jordan, North Cazolina Senator Honorable Thomas Wright, NC House of Representatives Honorable Ted Davis; Jr. Chairman, New Hanover County Boazd of Commissioners New Hanover County Board of Commissioners Honorable John Fredlaw, President, NAACP Wilmington Interdenominational Ministerial Alliance Committee Honorable Peter Greaz, Esquire, The Challenger Honorable Mary Alice Jervay-Thatch, Wilmington Journal Martin Luther King Roundtable ® Gamma-Kappa Lambda Chapter Omicron Theta Chapter "The Architects" NEW HAN®VER C®UNTY B®AR® ®F COlVIN09SS10NERS REQUEST FOR BOARD ACTION Meeting Dater 05/07/01 Regular Item #: 3 Estimated Time: Page Number: Department: County Mahager Presenter; ..Contact: Allen O'Neal SUBJECT: - Consideration ofi Proclamation Declaring May, 2001 as Osteoporosis Prevention Month in iVew .Hanover County BRIE1= SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: The-Governor's Task Force for the prevention of Osteoporosis requests cities and counties in-North Carolina to declare the month of May "Osteoporois Prevention Month"to promote prevention through understanding and knowledge by citizens, and encourage them to be interested in learning how to prevent it. FUNDING SOURCE: ATTACHMENTS: osteoporosisprocla ITEM DOES NOT REQUIRE REVIEW Recommend approval nrrmwrc irnnnnncn~rc. • rq+'V!U VClFd11919~~ APPROVED REJECTED Q REMOVED POSTPONEQ ~ ' ~E~+>n7 ~' D~ .. . ~ ~~~ ~ . . r NEW HANOVER COUNTY BOARD OF COMMISSIONERS OSTEOPOROSIS PREVENTION MONT)~3[ MAY 2001 A PROCLAMATION - - WHEREAS, osteoporosis is a debilitating bone-thinning disease in which the skeleton becomes so fragile that the slightest movement cari cause a bone fracture. Osteoporosis affects 28million Americans, 80 percent of whom are women. It takes a terrible human toll-of death, pain;, impaired mobility, and disruption of daily activities. Its victims lose their independence, and their families share in the heartache: and WHEREAS, osteoporosis stands as a foremost problem in women's health issues.. The disease is more prevalent among women, and has risk factors and interventions which are different for women. Because of generally. lower income..and lack of health -care reimbursement for necessary testing;` worn_ en encounter-significant fractures associated~with osteoporosis is greatly increased, and ,. WHEREAS, one out of every two women and one out of every eight men over the age of 50 will suffer an osteoporosis related fracture; and WHEREAS, building peak bone mass during childhood and young adulthood is critical to reducing the change of developing osteoporosis later in life and a healthy lifestyle, including a balanced diet rich in calcium and regular exercise can. help prevent osteoporosis; and WHEREAS, methods do exist to detect the disease before fractures occur and people will take preventive action to reduce their risk of osteoporosis if they are informed; and - . WHEREAS, the American public is called upon to observe national Osteoporosis Prevention Month, May, 2001, with appropriate programs and activities. - - - NOW, THEREFORE, THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS do hereby proclaim the month of May, 2001, as Osteoporosis Prevention Month an urge a11' civic', scientific, medical, educational, voluntary, governmental, and health care organizations and professionals to recognize the importance of osteoporosis prevention with education and information programs and activities for the citizens of New Hanover County. Adopted this the 7"' day of May, 2001 -, '~~a.,...~.>._~N,Q~s ~l~Ii ~' k -, ~,~ ~=' ~~ti~r~cv~~ ~. l~7 ~~;~`~~' ~ t, ~~ ~~ Ted Davis, Jr., Chairman 1';Lucie F: Harrell, Clerk to the Board a.- t F NE~V I-IAN01/ERtCOUNTY BOARS OF COI~JII~IISSIONERS REQUEST FOR BOARD ACTION Meeting Date; 05/®7/01 Regular Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Belynda Bilbrough Contact: Allen O'Neal SUBJECT: Presentation and Comments by Be9ynda Bilbrough Regarding Endangered Species BRIEF SUMMARY: See attached note. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear Presentation FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE RE!/lEY9/ s ~~ ~'x~ APPROVE ~ - REIECTE® C~ REMOVED I~ ~ ~ , POSTPONED ~ 11 .~-. .+v v.i vr_. vVr+ t. J~ IV O I] l l ul V V511 J 1 V TV V, - f J l Cl F/. 1 ~'.E~~ # Pages one including Yhis one Date: April 30, 2401 To: Allen O'Neal c/o Carol Barkley phone 341 7184/fax 341 4027 From: Belynda Bilbrough phone 458 7518/cell 254 1147 Ile: Nlay 7, 2001 Commission 1Vieeting Agenda Position Request . Carolina Beach North End Endangered Species Act Violation . , Commissioner T'ed Davis suggested that issues regarding the ESA and the worth end of Carolina Beach be presented at this meeting. Background portfoli®s have been supplied to each commissioner and the purpose of my 5-minute ' presentation will he to determine neat steps to prated this ecologically. sensitive area. Specific items include: 1) Violation of Endangered Species Act and documentation Support for protection and enforceanent documentation B) County 1Liability 3) Dune/Property Destruction Issues i if~~h.~t C~~~~ ~ ~. ~:~~~~ ~~g~.~i ~ygy (~~ 'Ay ( .( ~ ~ ' e ~ tee ~k'.t Y . '.F+l% ttL p tl 4 ~,., ,:~1v~91h _~ A F.C d } "$ rl ' a ~ ~~ ~VE~lI HAIVOVER COUNT( BOARD OF C0~1lVIlSSi01VERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 Regular Item #: 5 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer Contact: Mark Boyer SUBJECT: rational Association of Letter Carriers Food Drive Day BRIEF SUMMARY: For the ninth straight year, letter carriers have worked to help stock local food banks through the nation's largest single day food drive. This year, the National Association of Letter Carriers, United States Postal Service, Cape Fear Area United Way and many volunteers will collect, sort and distribute non-perishable foods donated by postal customers on May 12. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Proclamation FUNDING SOURCE: n/a ATTACHMENTS: Letter Carrier Food Driv REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve Adopt resolution. D HUMAN RESOURCES: N/A . , ~,,~ l6 ~ 81PRR® ~.,~~ REJEC`rE® REMOVE® POSTPONED ~EARt~ ~as"a ,,,..,~,. ~3 1 l~Tational Association of Letter Carriers Food Drive I~ay in l~e~v I~anover County Board of Commissioners PR®CILAMATION WHEREAS, on the second Saturday in May; May 12 2001, letter carriers in more than 10,000 cities and towns across the cotultry will deliver much more than mail when they walk and drive along their postal routes; and WI3EREAS, letter carriers will collect the goodness and compassion of their postal customers as they participate in the ninth annual National Association of Letter Carriers Food Drive; and' WHEREAS, last year, 82,000 pounds of food was collected in our area and distributed to food banks, food pantries, churches. and feeding programs in New Hanover, Brunswicl: and Pender Counties; and , WIi[EREAS, as a commtu~ity, we have the opportunity to increase the amount of food donations to those poor, elderly or young people of our region who go hungry, and W]E-IER.IaJAS, this effort is also supported by the many volLUlteers fiom the Girl Scolrts, local businesses, Cape Fear Area United Way, United States Postal Service and National Association of Letter Carriers who will help sort and process the many tons of donated foods; and WHEREAS, all citizens need to do to help support the food drive is to place a box or can of non-perishable food next to their mailboxes before their letter carrier delivers may on Sah.~rday May 12; N®W, TIIEREF®RE, BE IT I~S~LVEI~ TIIAT; the New Hanover County Board of Commissioners hereby proclaims May 12, 2001 as National Association of Letter. Carriers Food Drive Day in New Hanover County; North Carolina, and urges citizens to join the effort ` and help their less forhmate neighbors by donating to this important commtulity service project. Adopted this, the 7'' day of May, 2001 New Hanover County Board of Commissioners of ~~~;~ Ted Davis Jr., Chairman C~9~~~`3 ..' Lucie F. Harrell, Clerk to the Board 1 i • • I NE1N HANOVER COUNTY BO~-R® Of CO~/IIVBISSIONERS REQUEST F®R BOARD ACTIOfV Meeting Date: ®5/07/01 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Consideration of Support €or YWCA Interracial Dialogue Study Circles Resolution BRIEF SUMMARY: The attached resolution supports the YWCA Interracial Dialogue Study Circles RECOMMENDED MOT10N AND REQUESTED ACTIONS: Recommend approval FUNDING SOURCE: ATTACHMENTS: ITEM DOES IVOT REQUIRE REVIEW Recommend approval. ~t'HVi ... ~'.. ~PPR® ~~-'~~~~ ~EJEC°~°E® ~ ~?EMOVED ~ ~ ,: PosTPONEI3 FFEARl~ ~, ~i- . _~ J~7 a~ ~ 15 ... NEW HANOVER COUNTY BOARD OF COMMYSSIONERS `J RESOLUTION In Support of YWCA Interracial Dialogue Study Circles WHEREAS, the Young Women's Christian Association (YWCA) seeks to eliminate racism, thus improving racial equality, and WHEREAS, The YWCA of the Lower Cape Fear, Inc. seeks to reach this goal by providing a diverse community-wide network whose visio~}r ., is to improve the understanding and acceptance of ~f~ differing races and cultures throughout the Cape Fear area, and WIIE i en a racia in~us i e ~ ~ y, N®W 'I'HEREF~RE BE IT RES®I~VED that the New Hanover County Board of Conuizissioners supports the YWCA and other community organizations working together to improve race relations and eliminate racism by encouraging community members to engage in Interracial Dialogues known as YWCA Study Circles. This the 7`h day of May, 2001 Ted Davis, Jr., Chairman Lucre F. Harrell, Clerk to the Board ~.~:°~.ti ; ' P ~` ` ",v ~1 sit ,: ~ -.~~ c~ ~`~~~Jl~.r~ (~ i~;~:~ ~ ~~~ 1 16 .c ` ~ ... ~~~~~ ,, ~. NEW 1~AN006ER COUNTY BOAR® OF COiY91VIISSIONE~S REQUEST i-OR-BOARD ACTION Meeting Date: 05/07/01 Regular Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer Contact: .Mark Boyer SUBJ ECl': Operational Policy/NF9CTV BRIEF SUMMARY: The purpose of the government channel into cablecast government-related programming of interest to the residents of New Hanover County that will inform, educate and enlighten, as well as encourage participation in government services, activities and decision-making. However, before the county begins cablecasting, a number of operational policies should be put into place outlining how the government channels should be used and by whom. RECOMMENDED MOTION AND REQUESTED ACTIONS:- Discuss, modify if needed, and approved Operational Policy. FUNDING SOURCE: ATTACHMENTS: Broadcast Policies. REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: N/A COUNTY MANAGER'S COMMENTS AND RECOMM Recommend approval. `-~~~. \J _. t~ ~ COMMISSIONERS' ACTIONS/COMMENTS: HUMAN RESOURCES: N/A ~- ~RPR~ ,' ~ , _ T, r RE,YE ,t. ~EM~1/ED ~---'" ~'ASTPONE~ ~ ~~ ~L'ARD 1~. ~° tea; r~:~ ,.~7 Cy ,,. i o t~~ .c, d arc s s ext . 0.~ a Irt}ar k Sessi ati, 17 s ~~~~.~,~~MS~a~~~.~~New ~-Ianover,.Co~nty ~~_ ~~~~~.~ x__.~~. Broadcast Pollees and Procedures 1. Name and Channel Designation-New Hanover County's Government Information Channel, "The Government Channel" will operate on Channel ~ on Charter Communications and Channel 8 on the Time Warner Cable system. The' _ channel designation may change from time to time by either cable system • - operator. The Government Channel will be known as NHCTV. The programming on NHCTV is originating from the Historic New Hanover County Courthouse, 20 ' North'3`d Street; Wilmington, NC 2840"l: - 2. Purpose of Channel-The purpose in offering .programming on NHCTV is to. provide interesting, relevant and timely information about New Hanover County , government and its services, that will inform, educate and enlighten, as well as encourage participation in government services, activities. and decision making. The county will attempt to provide programming that.is fair, accurate and witlZOUt regard to partisanship or ideology. It is not the intent to create any sort of public forum but merely to provide unfiltered, unedited information concerning- county government issues. 3. .Compliance with Laws and fl2egulatians--NHCTV will be operated in a manner compliant with all applicable federal regulations. 4. Channel ®perator-The New Hanover County Public Information Officer or his designee, is responsible for determining if programming is consistent with the policies as outlined iri this document. 5. Types of Programming-Only programming consistent,with the policies and mission of New Hanover County will be aired on NHCTV. Only programming submitted or produced by county departments will be broadcast on NHCTV. NHCTV will not air programming provided by individuals or organizations not " considered part of New Hanover County government. New Hanover County will also broadcast character-generated messages related to local government at times when pre-produced video programming is not scheduled. Specifically, programming may include only the following: A. Meetings of the New Hanover County Board of Commissioners-Live and taped replays of regular and special meetings will air. Recordings of these meetings are not~to be interpreted as an official record of the meetings and ~ e• ,t __,,~~wal'1 b~e`~retaired"Sfor a period of six months. B. Meetmgs~offother governmental entities-Live or taped broadcast of official meetings of-~gov~ernmental bodies within the geographical boundaries of New ;--~ r~~"1a~~~ir,~l. • . Hanover.~County~ m which matters concerning the government of New Hao ev r°fC~oupp~~nty will be discussed. This includes meetings of the elected . boards of the municipalities of Carolina Beach, Kure Beach, Wilmington, Wrightsville Beach, and New Hanover Cotulty Board of Education. C. County video programming-Pre-produced programming submitted by the departments of New Hanover County government which illustrates the mandates, programs and services of county government; may also include programs that discuss, outline and/or summarize county governmental ' functions or techniques; programming may include-participation from outside organizations, agencies, governments or individuals as long as such participation is central to the program topic. D. Approved agency video programming-Pre-produced programming submitted by. approved agencies, which is designed to inform the public of the .services and facilities of that agency and of general interest; such programming must be sponsored by New Hanover Courity prior to broadcasting. E. County message programming-Character-generated information submitted by county government and its departments includes, but may not be limited to, job openings, meeting schedules and agendas; board vacancies and other departmental information. ~ F. Approved agency message programming-Character generated information submitted by approved agencies is limited to General and brief information concerning meetings, activities, facilities and programs offered within New Hanover County by the submitting agency. 6. general Categories of programming: The programming described above must fall within one or more of the following general categories of programming: . A. Announcements or programs concerning emergencies and other timely issues affecting life-health-safety of the community; B. Public proceedings and meetings involving the elected and appointed officials of New Hanover County; Board of Commissioner meetings will be broadcast live. Meetings will also be recorded for later replay at regularly scheduled times. Programs and meetings that help explain county policies and programs; C. Programs and meetings. which inform the public of the facilities, services and programs offered to the citizens of New Hanover County; D. Public meetings or programs of other governments including federal, state, regional or local governments, that affect New Hanover CotuZty government or residents of New Hanover County if submitted by county government only; E. Programs that highlight the cultural, environmental and historic resources of New Hanover County; F. Public service announcements if submitted by cotmty government. 7. Programming Restrictions: In light of the declared purpose of NHCTV, the following programming restrictions apply: A. Except as specifically provided in this subparagraph, NHCTV will not air any programming which has as its purpose the assistance of a campaign for election of any person to any office or the promotion or opposition to any ballot position. From. the time of their announced candidacy, until after the 1~ . election, announced candidates to any 'elected office shall not be permitted to make personal statements on NHCTV, except as participants of formal public meetings in the discharge of their regular and. routine duties. Factual information concerning' information on any ballot issue affecting county ~' government services may be allowed. Character generated election results may also be aired. B. Programs containing slanderous, lewd, obscene or violent material will not be aired. The county recognizesthat programs with artistic or social merit may contain content or language considered objectionable to some viewers. However, community standards of good taste will be adhered to at all times. . NfICTV shall make the initial determination, which is appealable in accordance with Section 21 herein. C. Programs containing copyrighted materials will not be broadcast, without proper copyright authorization. Approved agencies submitting programming will be responsible for obtaining: all necessary copyrighted clearance and shall indemnify and` hold NHCTV, New Hanover County and its officers, employees and agents harmless in any case of copyright. infringement. D. Programs that promote, endorse, or advertise any, nonprofit agency, private business;-commercial service or product, profit-making activity, political ' candidate or partisan cause will not be aired. E. Programs pertaining; directly o~. indirectly, Ito lotteries or any other device, scheme, plan, promotion, contest, or other program involving prize or chance will not be aired. F. Programs that solicit donations of any kind will not be broadcast; except for those, programs made available by approved agencies in which emergency donations are needed.to better serve the needs of the citizens during times of emergency. G. Programs that contain outdated. or misleading information will not be broadcast. Most programs will be considered `up to date' for. a period of six months from video production. H. Requests for access to NHCTV for the purpose of advocating a personal viewpoint shall generally be denied, unless part of a county government programming strategy to solicit personal viewpoints with equal time provided to all. I: Programs that do riot meet acceptable broadcast standards for video and audio quality will not be aired. The Channel Operator shall determine which programs meet acceptable broadcast standards. 8. Board of Commissioner Meeting Broadcasts-Meetings of the-New Hanover County Board of Commissioners will be broadcast live in their entirety. Since the Board of Commissioners takes no official action during this portion of the meeting, replays of Board meetings will pre-empt the non-agenda portion and will in it's place, NHCTV will broadcast either a character generated message or pre- produced programming or combination of messages or pre-produced programming. 2~0 ~ -.. 9. Sponsorship of Video Programming-All video programming, except taped broadcast of official meetings of the New Hanover County Board of Commissioners, must.be sponsored by a particular department or office of county government. Such sponsorship must be indicated either verbally or in writing, at the beginning and at the end of each video program. It shall be the sponsor's responsibility for reviewing the program to ensure that it is appropriate for broadcast on NHCTV and is in conformity with these policies. Only the head of a particular department or office of county government is authorized to sponsor programming or sign any document indicating such sponsorship. _ 10. Discretion to allow or disallow programming-Notwithstanding anything in these policies to the contrary, New Hanover County acting by and through the County Manager, reserves the'absolute right to prohibit the broadcast of any particular video program or character generator message on NHCTV, whether submitted by county government, any other governmental entity, approved agency or anyone else. New Hanover County will not air any program submitted by an individual or agency not considered to be part of county government, . governmental entity or approved agency. Furthermore, New Hanover County acting by and through the County Manager also reserves the right to authorize and approve programming that is not in strict compliance with the types of programming listed herein as long as such programming is of significant interest to the citizens of New Hanover County and is consistent with the guidelines, restrictions and purpose of the government channel. 11. Technical Standards-A copy of all..programming must be submitted to the Channel Operator in VHS format for a full review for conformity with these policies. The broadcast copy of approved programming must be submitted in a format consistent with the current technical requirements of NHCTV.4 Video and audio quality of all programs must meet acceptable broadcast standards as determined by the Channel Operator. 12. 'Technical Difficulties-The Channel Operator shall use best efforts to keep any videotape that is delivered to him in the same condition as they were in when delivered; however, New Hanover County shall not be responsible for inadvertent erasure or damage to such tapes. The submitter should keep an archive copy of the videotape so that duplicate tapes can be made and broadcast in the event that the original tape is unable to be aired due to the condition of the tape. New Hanover County shall not be held liable for programming, not aired due to• technical difficulty. 13. Requests for Programming-County government, other governmental entities and approved agencies may submit a request for programming when they feel it appropriate for broadcast on the County Government Channels. Requests should be made to the Channel Operator in writing and in consultation with the Channel _ Operator .and/or Public Information Officer. This requirement shall be waived in 21 the event of a natural disaster or other such emergency at the request of the Director of New Hanover County Emergency Management. In order to allow for proper program scheduling and promotion, requests must be submitted prior to the requested broadcast date in accordance with the following deadlines: ~ • ~. •Emergency programming=as soon as possible. B. Meetings-2 weeks iri advance (other arrangements may be made for special or emergency meetings). C. Message programming-at least two weeks in advance. _ . _ D. Video programming-at least one month in advance of the requested airing date: 2~ The programming must be inconformity with.these policies and approved by the Channel Operator prior to~ scheduling and broadcast. Any programming. that does not meet the •policies as submitted may be subject to editing as discussed. in tale following paragraph, before receiving approval•for broadcast. 14. Program Editing-With the exception of the replays of meetings of the Board of County Commissioners and other governmental entities; all programming .is subject to editing. Such editing' is not intended to alter the factual content or overall infent of-the material being presented. It shall be the general :policy that New Hanover County will not edit any programming that is copyrighted to someone other than New Hanover County or its departments. In that instance, the submitter will be given an opportunity to secure copyright approval, to edit. the videotape at the Channel Operator's direction but at the submtter's.expense:and resubmit the edited tape for review and possible broadcast... Each governmental entity; including the New Hanover County Board of Commissioners:has the right to tape its meetings' iiz whole or in part and to air -any portion or portions of such meetings as it deems advisable and the Channel Operator has no authority to edit such recordings. Character-generated messages may be edited to provide-for clarity of content. The Channel Operator has the responsibility for the message editing: 'Such message editing duties may be delegated at the Channel Operator's discretion. 15. Program Scheduling-New Hanover County will atterr~pt to provide a_24-hour a day programming schedule. When live activities or videotape are not being broadcast, character generated messages will air. Schedules of programming will be developed and. maintained by the Channel Operator: Every effort will be made to schedule video programming in an equitable and non-discriminatory manner. When possible, videotapes of regularly scheduled meetings will be aired as promptly as possible"to ensure timely broadcast. Scheduling however is at the ~discretiorn of the Channel: Operator. Scheduling.of programming does. not • guarantee actual airing of~such programs since emergencies, technical difficulties. acts of God or other events .beyond the control of the Channel Operator, Charter Communications, Inc., Time Warner Cable, or New Hanover County may. prohibit or delay programming. New Hanover County shall not be held liable for such failures. 16. Videotape ®wnership and Copyright-All programming produced by county government or its departments or agencies shall be considered the property of New Hanover County and shall be copyrighted as such. New Hanover County makes no representation as to the ownership or copyright of any other programming broadcast on NHCTV. It is the responsibility of the submitter to ensure that the proper copyright authorization is obtained. New Hanover County and NHCTV shall be held harmless for any failure to obtain such authorizations. 17. Retention of Video Programming-Except to the extent required by law, it shall not be the responsibility of New Hanover County to retain any video programming that is broadcast or submitted for broadcast on NHCTV. The submitter and/or sponsor are responsible for retaining a copy of the video programming and for complying with applicable laws regarding records retention. The submitter and or .sponsor are also responsible for retrieving any videotapes left in the Channel Operator's possession within 15 days of the end of the broadcast, after which time, the Channel Operator is authorized to destroy or erase the tape(s) without notice to the submitter or sponsor. Notwithstanding the foregoing, it is recognized that the Channel Operator may keep certain videotapes on file and may reuse these videotapes in whole or in part in future broadcasts with proper permission. 18. Duplication of Video Programming-Videotape duplication services are not offered by New Hanover County, NHCTV or any department or agency of county government. Citizens wishing to obtain a copy of any video programming should contact the Channel Operator for information regarding vendors of tape duplication services. It shall be the responsibility of the submitter to determine if duplication of videotape will result in copyright infringement. The county shall not be responsible for ensuring that such duplication is not a violation of copyright laws. 19. Channel Operator and Assigned Staff-The Channel Operator shall be designated by and report to the County Manager or his designee. The Channel Operator has the responsibility of the general management of NHCTV and shall perform all duties so assigned. The Channel Operator shall perform his duties in a fair and impartial manner and shall endeavor to ensure the approved programming is in conformity with these policies as they may from time to time be amended. Additional staff may be assigned duties related to the operations of NHCTV or the county may contract for such services. 20. Use of County-Owned Equipment-County owned equipment shall be restricted to authorized activities and its use shall be restricted to authorized staff of the county or trained personnel under the direction of the Channel Operator. The loaning or use of the equipment for personal or outside use shall not be 23 permitted. Authorized activities are limited to the production of.county government video programming, the live broadcast and taping of official meetings of the New Hanover County Board of Commissioners or other ' government entity and such other uses deemed appropriate by the .County Manager. ' . , 21. Complaint Procedure-Complaints regarding NHCTV programming decisions shall be submitted in writing to-the Channel Operator on a timely basis and-shall be acted upon in writing by the Channel Operator in a timely fashion. If any citizen disagrees with the Channel Operator's decision regarding a programming complaint, he or she may appeal the decision in writing to the County Manager who has sole discretion in making such final determinations. - , .~ 22. Funding-It is acknowledged that establishing a reliable funding mechanism will enable NHCTV to become a source of quality governmental information and to produce programming that is interesting, relevant and timely: The budget for NHCTV shall be submitted on an annual basis to the County Manager and shall be subject to the normal county budget~review process. Funding is in the. discretion of theNew`Hanover County Board of Commissioners. - ,, 23. Indemnification-New Hanover County, its officers, employees and agents, are not responsible for any loss, injury, damage, .penalty; claims, costs (including attorneys' fees and expenses), actions, suits or proceedings of any. kind, related to the operation of NHCTV and shall specifically (but not by way of limitation) be indemnified and held harmless from any negligent or intentional act or omission, arising out of the operation, of NHCTV, including but not limited to the following: A. Accuracy/inaccuracy of any information broadcast~over NHCTV that was submitted by outside sources; B: Broadcast of incorrect information or programming over NHCTV; C. Failure'to broadcast programming as.scheduled; D: Inadvertent erasures or damage to videotapes; E: Destruction of videotapes not retrieved in a timely fashion; , F. Failure to obtain proper copyright authorization. . ### 24 NEW HANOVER COUNTY BOARD OF COIVINIIS5101~ERS REQUEST FOR i30ARD ACTiO1V Meeting Date: 05/07/01 Regular Item #: 9.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart SUBJECT: Z-724, 04/01; Applicant: Cindee Wolf for Jere Legwin: R-15 Residential to CD(B-2)Conditional Use Highway Business. BRIEF SUMMARY:.. The is requesting a conditional use B-2 Highway Business rezoning for property located on Market Street in front of Mendenhall Subdivision. The petitioners Landscape Architect presented the site plan for the conditional use district. Since the development,of the Mendenhall Subdivision, the stretch of Market Street from this subdivision to Sweetwater Drive has been the subject of five different. rezonings cases and one Special Use Permit. The reason there has been so many different zoning cases in this area is because it is located in a transition area between Porter's Neck and Ogden. A significant amount of strip development had occurred along Market Street from the City limits to Ogden. No .one spoke in opposition to the request. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval with the conditions recommended by stafif. FUNDING SOURCE: n/a ATTAC~iMENTS: 6 ITEM DOES NOT REQUIRE REVIEW .COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: -- a t~ ~' APPR® k ' / fRE3E 1 I~EMOVE® ~, .~ POSTPONED >~ . ® ~iEARD ~,`, ' CASE: Z-724, 04/01; APPLICANT: Cindee. Wolf for Jere Legwin REQUEST: R-15 Residential to CD(B-2) Conditional Use IJightivay Business ACREAGE: 1.32 Acres LOCATION: 7965 Market Street in the Southeastern corner of the intersection ~of Market Street and Mendenhall Drive LAl`TD CLASS: Urban Transition,- The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be , provided with necessary u'rbari services. The location of these areas is based upon land use planning polacies requiring optimum efficiency in land utilization and publicservice delivery. _ Residential development can exceed 2:~ units per acre within the Urban Transition area provided the development is adequately designed to be compatible with existing and proposed surrounding land uses and is served by adequate public, facilities. ~ ~ } ~~ _. _ , PLANNING_ BOARD RECOMMENDATION 4/5/01: The petitionzrs Landscape -Architect presentedf the site plan for the conditional use, district. No one spoke in opposition to the request. The planning board recommended approval with the conditions recommended by staff.. ,' ' ~ ~ r ~ ; - STAFF SUMMARY: The petitioner is requesting a conditional use B-2 Highway Business rezoning for property located on Market Street in front of the Mendenhall Subdivision. Since 1986 when the Mendenhall Subdivision was first approved, the stretch of Market Street from the Mendenhall Subdivision north to Sweerivater Drive has been the subject of five (5) different rezoninb cases and one Special Use Permit. The subject parcel vas originally zoned in July 1971 and was rezoned in July 1996 to CD(B-2) for use as a retail nursery. Ultimately the retail nursery did not materialize and the property was rezoned back to R-1~ Residential. The reason there have beenso many different zoning cases in this area is because it is located in a transition area between Porter's Neck and Ogden. A significant amount~of strip.developmenf has occurred alon6 Market .. street from the City limits to Ogden. Proceeding north from Ogden the commercial development begins to .diminish somewhat up to the regional commercial node that is developing at Porter's Neck Shopping Center, In anticipation of the 17 by-pass interchange_near Porter's Neck~the CP&L property was recently rezoned B-2 Highway Business. In addition to that large vacant B-2 District there is another vacant B-2 District directly across Market Street from the subject property. There are also other vacant B-2 districts between this area and Ogden, mostly on the east side of Market. The petitioner's project is small with a site plan showing only four (4) 3,200 s.f. buildings and 51 parking spaces with the primary access on 1Vlendenhall Drive. The petitioner has indicated that he is,intyerested m`;profv~id~ng~neighborhood level services and office space. Staff agrees that a neighborhood commercial facrlity could be desirable and with some additional conditions and fir.?~ xs.a good site planningradeta~lsi; ~ o~m~mercial development in this location could link the Mendenhall and Country Haven~comrn~u~it~es: However, the natural features and tree cover on the site still provide adequate protec~~on~to~make this site desirable for residential use. Given the proximity of this project to the `Porter's ~,eck Shopping Center and given the quantity of existing vacant Commercial property. in the area Staff Recommends Denial. 26 ~ ~~~'~ Case:. Z-724, 04101 Special Use Permit: 1~'or Commercial Business Uses in a Conditional Use B-2 Highway Business I3istrict Preliminary Staff lFindings 1. The board must find that the use wiIl not materially endanger the public health or safety if located where proposed. and developed according to the plan as submitted and approved. A. The property has 227 feet of frontage along Market Street where there is a SHOD. B. The site is served by County water and sewer. C. The site is within the Ogden VFD. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. A site plan has been submitted which meets the minimum requirements of the ordinance. B. The SHOD requires a 100' building setback and a 50' parking setback. The Board must find that the use will not substantially injure the value of adjoining or abutting .property or that the use is a public necessity. A: Other conditional use zonings are located in front of subdivisions in the area. B. The property was previously zoned Conditional Use B-2 for a retail Nursery. C. No evidence has been presented that indicates that this would injure the value of adjoining or abutting property. . 4. The Board must find that the Iocation and character of the use if developed according to the plan as submitted and approvedwill 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 property is located in the Urban Transition land classification. The purpose of the Urban transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location' of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Planning Staff Concerns: A) Uses should be limited to B-1'and O&I type Uses. 2) Placid Drive connection should be completed for interconnection of Country Haven and Mendenhall Subdivisions. 3) Sidewalk should be provided to the north along Market Street to provide pedestrian connection between commercial districts. 4) . Tree retention should be maximized along Market Street. ~ 27 Case: Z-724,,04/01 Pe#iti®~ Summary Data . Owner/Petitioner: Cindee Wolf for Jere Legwin ...- Existing Land Use: V~carit - . Zoning I-Iistory;.July 6, .1971. (Area #5) . Water Type:.Private Well Sewer Type: County Recreation Area: Ogden Access & Traffic Volume: 31,000 Market St. ~ Bayshore Drive (T999 ADT) Fire. District:. Ogden Watershed & Water Quality Classification: Pages Creek (SA) Aquifer Recharge'Area: Primary . Conservation/Historic/Archaeologic Resources: None Soils: KR:(Kureb) Septic Suitability: Class I (Suitable) Schools: Blair 2 o r~k ~ ~ ~ g~ ~ ~ 3ori ~ ~ p , is ~_ O 4 t ~~~:~'^ X-i •3 NNW , ~.a, ~ ~ ~y ~ 1['• y1 ~ i. ~F `, k. j~5~:•'re.. ";. D r n ~ I ~ ~~`a; ,, S a- I 1i 1.4' J \ C'. C R m sx ;4 ~ 3 i .3 ~ a ~qn ~}~, •s ~ t .:~ ~ 5 'y f s ~.~ 1 t \ t \ {." •f ,~. ~~itp,,~,s 1. a ~ .~K~1/} f~a-, ~ ~h/yfit~" ~ ~ ~~ •' iitr ~ Ea~= i. d i 4 V\ ~, .~ i \` .. c:o ak;r, y ., . G'• ~ ~ r /171 fia_ . ~ *~~ t ~^ .~`~ A4. ,~F ~:; ~$Ht/, ~ ; ~Stl. ~; ~ ~~ aaa M I rcii}r t 1 - $~~!~~ y/b~~C ~ set ~ j,. ~ ~ J'f/1p- a ~'9~ji1~ :. ~rfi~ ~ ti~ „ u~ I ~~,' ~~~ ,,~.., '-ree ~ t _ `ICI . ~ wY. ~ 7 ,, f' y L~r ~: ~- fi"~~I ~ Mes'~r.~` s# ! x"~` !i.._ 1 ru ., i a o f' I IIII irgll a ~ n uu m uu~ .r--, i ur~.~u ul~~ ~ ~ ° S ,~ N J.~~~,f e ~, s... . ~• l 2~ 4 {This page intentionally left blank} 30 -- -- -~- f NEW HANOVER COUNTY BOARD OF COMMISSIONERS I REQUEST FOR BOARD ACTiO1V ` Meeting Date: 05/07/01 ~ Regular Item #: 9.2 Estimated Time: Page Number: ~ Department: Planning Contact: Baird Stewart Presenter: Dexter Hayes SUBJECT: Z-725, 04/01; Application of Special Highway Overlay District (SHOD) BRIEF SUMMARY: The purpose of the Special Highway Overlay District (SHOD] is to protect the natural beauty and scenic vista that exists along Interstate Highways and other specially designated roadways that . serve as major access ways and gateways into New Hanover County. Protection of the roadways is important and necessary to maintain and preserve the County's undisturbed roadsides that are characterized by their natural woodlands and open spaces. The continued protection of.these scenic highways is also a valuable asset to the county's tourism economy and enhances the attractiveness of the area for trade and investment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff reviewed the location of the proposed overlay district. Several people presented their concern about the restrictions imposed by the SHOD. Although few people were opposed to the sign restrictions, there were significant concerns raised about the width of the overlay, additionaV setbacks, buffering and about creating non-conformities which could limit expansion. Approximately 99 parcels or parcel remnants that are currently zoned commercial or Industrial may be affected by the SHOD. The Planning Board continued the item to hold a work session to discuss methods of alleviating these concerns. A work session has been scheduled has been scheduled for Wednesday, April 25, 2001. The Planning Board will hear the item again at their regularly scheduled public hearing on Thursday, May 3, 2001. FUNDING SOURCE: n/a ATTACHMENTS: 3 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~PPRO` .t ~ , I~tEJE ~ POSTPOIVE'A ~;fi ~}EARCJ ~ ~, ~~ l~/~~ 31 CASE: Z-72~, 04/01; APPLICANT: New Hanover County Planning REQUEST: Application of Special Highway Overlay District (SHOD) LOCATION: 1000' either side of 17 By-pas Right-of--way. PLANNING BOARD RECOMMENDATION 4/5/01: Staff reviewed the location of the proposed overlay district. Several people presented their concern about the restrictions imposed by the SHOD. Although few people were opposed to the sign restrictions, there were significant concerns raised about the width of the overlay, additional setbacks, buffering and about creating non-conformities which could limit expansion. Approximately 99 parcels or parcel remnants that are currently zoned commercial or Industrial may be affected by the SHOD. The Planning Board continued the item to hold a work session to discuss methods of alleviating these concerns. A work session has been scheduled for ~,~'ednesday, April 25, 2001. The Planning Board will hear the item again at their regularly scheduled public hearing on Thursday, May 3, 2001. STAFF SUMitiIARY: Section 59.6: Special Highway Overlay District (2/3/86)- 59.6-1: Purpose -The purpose of the Special Highway Overlay District (SHOD) is to protect the natural beauty and scenic vista that exists along Interstate Highways and other specially designated roadways that serve as major access ways and gateways into Ne4v Hanover County. Protection of these roadways is important and necessary to maintain and preserve the County's undisturbed roadsides that are characterized by their natural woodlands and open spaces. The continued protection of these scenic highways is also a valuable asset to the County;s tourism. economy and enhances the attractiveness of the area for trade and investment. The Special Highway District shall be in addition to any other zoning districts where applied so that any parcel of land lying in a SHOD may also lie in one or more of the zoning districts provided for by this Ordinance. The development of all uses permitted by right or by special use permit in the underlying district, if any, shall be subject to the requirements of both the SHOD and the underlying district, if any. In the event the SHOD requirements conflict with the underlying district requirements, the requirements of the SHOD shall take precedence. if requirements for a particular item are not specified in the SHOD but are specified by the underlying district, then the requirements of the underlying district shall be followed. 59.6-2: Procedures - In creating a Special Highway Overlay District (SHOD), the same procedures shall be followed as those for making any other amendments to the Zoning Ordinance under Article XI hereof. 59.6-3: Applicability - It is hereby required that all non-residential structures, buildings and improvements to property located within the SHOD comply with the following regulations. Access roads and utility (communications, gas, electrical, sanitary services) structures are exempted from these controls. (5/4/87) (1)Setback',Requiremeiatsfi{'AIlnon-residential buildings and accessory uses shall set back no less than 100 feet~from.ahe•'rglit Hof-way of the designated highway. No building shall be located less than 25 feet from an:ylproperfy line. However, the setback may be reduced for those buildings, accessory used n~d~;ofz.-street parking by a maximum of 25% if the project provides additional plantings~a`omg~~e~r~ght-of-way. At a minimum, these plantings shall consist of one 32 deciduous or evergreen tree at least 2.5"-3" caliper for every 40 feet of road frontage. These i I ~i)•L~-`d:~ streetscape trees.~must be selected and planted in accordance with Section 67 of the Ordinance. Plantings must be located in the first ten feet of land adjacent to and parallel to the right-of-way except that plantings may be moved outside this area if it is determined that overhead power lines would interfere with the trees' natural growth. {3/9/95) (2) Enclosed Facilities -All. manufacturing, storage, offices, wholesaling, retail sales or similar uses shall be conducted within an enclosed building. (3) Outside Storage -Outside storage can be permitted if it is located directly to the rear of the principal building and is not visible from the designated highway. The outside storage area shall not occupy an area wider than the principal building or larger than one-half (1/2) the area of the principal building. A three (3) row screen shall be provided in accordance with the Landscape standards of Section 67. No storage shall be permitted above the height of the screen. Junk yards and scrap processors shall not be permitted. (4) Parking and Loading (A) Parking and loading sha{1 be provided in accordance with the provisions set forth in Article VIII and Section 67. All loading shall be from the side or rear of the principal structure as viewed from the designated highway. if loading is performed on the side of the building, as viewed from the designated highway, a three (3) row screen shall be provided in accordance with the Landscape Standards of Section 67. (B) No vehicular or equipment parking except automobile parking shall be permitted in the yard area adjacent to the designated highway. All automobile parking shall be set back at least one hundred (100) feet from the right-of-way of the designated highway if such highway is an interstate or thoroughfare with controlled access. Other US and NC numbered highways shall require a fifty (50) feet setback for automobile parking. (5) Lot Coverage -The total ground area covered by principal buildings and al! accessory buildings shall not exceed fifty (50) percent of the site. (6) Signs -Signs shall be in accordance with Article IX except that only one free standing ground sign not to exceed six (6) feet in height and a maximum surface area of 150 square feet may be permitted within the 100 foot setback: No outdoor advertising signs shall be permitted. (3/14/94) • 33 34 C~ C • NEY~/ IiANOVER COUNTY ~OAR® OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 Regular Item #: 9.3 Estimated Time: `Page Number: Department: Planning Contact: Baird Stewart Presenter: Dexter Hayes SUBJECT: Case 5-475, 04/01; Special Use Permit: for a Pet Grooming Business in an R-15 District Location: 4802-Carolina Beach Road. BRLEF SUMMARY: The petitioner is requesting a special use permit to operate a pet grooming center in an R-15 zoning district located on the south side. of Carolina Beach Road adjacent to Riggs Trail at 4802 Carolina Beach Road. The petitioner presented her request. One person spoke in favor of the request and no one spoke in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board's recommendation is based in the following conditions: 1) All Health Department requirements must be met, 2) Driveway access should be limited to the two existing access easements on Carolina Beach Road, 3) no outside runs, FUNDING SOURCE: N/a ATTACHMENTS: 6 ITEM DOES NOT RFC2UIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: } COMMISSIONERS' ACTIONS/COMMENTS: `;:'M 7 Y p' , ~1 ~~ pp~~ {{~~ ~~ ~`in: q REMOVE® ~ ~ .~,_ ~, ~ ~ 4j ~EARiJ ~~: , av~l~ o/,, Case: S- 475, 04/01 Special Use Permit: for a Pet Graoming Business in an R-15 District Location: 402 Carolina Beach Road. PLANNING Bs~ARD REC®MMENDATI®N 4/5/01: The petitioner presented her request. One person spoke in favor of the request and no one spoke in opposition. The Planning Board recommended approval with the conditions recommended by staff. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A.. The-property has 116 feet of frontage on Carolina Beach Road. There is. a rriedian_cross-over near the existing access to the property. B. The site is served by County Sewer and private wells. C. The site is within the Myrtle Grove VFD ' 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The proposed Grooming Center will house 12 daytime pets and 6 overnight pets with stays not exceeding 2 nights. The minimum lot size for Kennels is 2 acres, however this requirement may be waived if the kennel is constructed to entirely enclose all kennel facilities. B. 25 foot front yard setback and 50 foot side and rear yard setbacks can be met. C. No outside sign may exceed 2'/., square feet 3. The Board must find that the use will not substantially injure the value'of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that indicates that indoor kennels would injure the value of adjoining or abutting property. B. Across Carolina Beach Road from the subject property is a membership sports and recreation facility which is operating under a recently issued special use permit. - C. Other larger kennels are operated by special use permit within Residential districts in other areas of the County. 4. The Board must find that the location and character of the use if developed according to the .plan as submitted- and approved will be in harmony with the area in which it is to be located and in general conformity rvi#h the plan of development for 1`+Tew Hanover County. A. The property is located in the developed (and classification. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. Urban ~ E services are aIready~iri'.place or scheduled within the immediate future. .~~ w. .. ~~M.~~t `,tj~,~.~~y, Planning S;taff~C'oiicerus: 1) Health Departmen"t`~Requirements ~~ ,2) Drive;vayuaccess?'sliould be limited to the ttivo existing access easements on Carolina Beach Road. 3} No outside runs: '~ .i Case: S-475, 04/01 Peg~~i®n Summary Data Owner/Petitioner: Alicia Cheney Existing Land Use: Vacant Zoninff History: April 17, 1971 (Area #4) Water Type: Private Well Sewer Type: County Recreation Area: Arrowhead Park Access & Traffic Volume: 26,000 CBR @ Monkey Junction {1999 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Molts Creek C(SW) Aquifer Recharge Area: Primary Conservation!Historic/Archaeologic Resources: None Soils: Lynn Haven Fine Sand Septic Suitability: Class III (Severe Limitations) Schools: Williams { 37 04/0~/O1 TUE 12:17 F.~3 9104527191 Cape Fear Basket Co tQ0o1 4904 A Carolina Reach Road Wilmington, NC 28412 39.5-0087 March 30, ?001 The Grooming Center currently exists at 4904 A Carolina Beach Road. The relocation site is 0.2 miles west of this address at 4802 Carolina Beach Road. This property will be . used for grooming dogs and cats wi.llz overnight boarding available to the dooming clientele. This overnibht boarding will be limited to six animals at any one time and the animals will be kept inside. There will be an outdoor fenczd area for walks. Business hours of operation are Mgnday, Wednesday and Friday Sam until 6pm and Tuesday and Thcirsday 7:30an~ until 6pm with approximately twelve animals arriving and departing.at various times, In the future, a small apartment may be added for the use of ezrxployees an staff to care . for the boarded animals. Sine rely, ~ ~ _ ~~ !, , / c.~,~,~ fit/ L~~--~~- Alicia W. 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U'' u' ~Ll ~~ 0 ;~ ~J ~~ NEVV h9ANCVER COUNTY DOARD ®.F C®iVINiiSSICNERS REQUEST FOR BOARD ACT90fV Meeting Date: 05I07/O1 Regular Item #: 9.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: A-306, 02/01: Applicant Terry Turner: Remove Paving Requirement on Road Stubs As Required in Section 41(7)(h)1 of the Subdivision Ordinance BRIEF SUMMARY: Historically, stub streets adjoining undeveloped tracts of land have been constructed. According to the applicant, stub streets that are improved and adjacent to undeveloped property may not be utilized for many years leading to-road deterioration, potential road closure., and the even encroachments( shed, fence, landscaping) by landowners adjoining the stub. To complicate matters, NCDOT will not accept a stub street for maintenance until the adjoining property is developed and a certain number of residents exists on the street. RECOMMENDED .MOTION AND REQUESTED ACTIONS: The Planning Board voted 5-0 to approve language drafted by staff. No one at the meeting spoke in opposition or in favor of the proposal other than the applicant. FUNDING SOURCE: n/a ATTACHMENTS: 4 1TEN9 DOES NOT REQUfRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS'. ACTIONS/COMMENTS: • rT ~ i d ~P~® .}` 62EJECT~ ~ '; REM01iE® ~ L~; POSTPONEl~3 ~ a~EARi3 ~ ~~,• ~:F~~.. sl ~Io~ "1~~~ CASTE: A-306, 02/01 Applicant: Terry Turner et al ' REQUEST: Remove Pavin4 Re uirement on Road Stubs As Re wired in Section b q q 41(7)(h)1 of the Subdivision Ordinance Planning Board Recommendation (February 1, 2001 1Vltg) The Planning Board voted 5-0 to apprave language drafted by staff. No one spoke at the meeting in opposition or in favor of the proposal other than the applicant. At their 1Vlarch 12, 2001 Board of Commissioners meeting, the applicant's request to have the text. amendment proposal "continued" `vas granted: At that time,. the applicant and his attorney wanted to,discuss with staff alternative language on street stub paving. The alternative language is displayed below. Staff Summary Approved residential subdivisions with road right-of--ways designated for "public use" are " required to install road infrastnicture improvements or post a surety during the final plat review { process. This language is located in Section 41 of the County's Subdivision Regulations. ~In order ~ / to promote road connectivity between new subdivisions and undeveloped tracts of land, the County typically requires a road stub to facilitate future access. If a road stub is approved during the preliminary process, developers are required to build the stub or post a surety. Historically, stub streets adjoining undeveloped tracts of land have been constructed. According to the applicant, stub streets that are improved and adjacent to undeveloped property may not be utilized for many years leading to road deterioration, potential road closure,. and the even encroachments (shed, fence, landscaping) by landowners adjoining the stub. To complicate matters, NCDOT will not accept a stub street for maintenance until the adjoining property is developed and a certain number of residents exist on the street. To mitigate the problem of improving a stub street adjacent to undeveloped property, the. applicant is proposing that publically dedicated road stubs in new developments not be paved until the adjoining property is developed. The applicant is proposing that a deed be created prior to final plat approval relieving the developer of the responsibility for the road stub being impro~ ed while,retaining the right-of--way as a "future street." The landowner who develops the ~ "'~~adjommg:property would be required to make the road connection and improve the street stub at ~il( (S7@ 1 ~m'~S°s5'.~~Y some firture-date: L~~ , ~~. r ~z~~ 5r~~ R 4 w~ .~ :~ .4 i A-305, 02/01 (cont'd) Staff Recommendation 2. The applicant's amendment proposal has sound reasoning. Many street stubs have been required and constructed by developers in recent years to adjoining undeveloped property. Several roads have deteriorated due to age and even petitioned to be closed due to not being utilized. Some street stubs currently have encroachments due to lack of use. Deeding the property to the adjoining property owner would allow the construction of the road stub to be delayed until needed. Staff still has concerns however about the latitude of authority the County currently has in requiring adjoining landowners to connect and improve .street stubs, especially if multiple access points already exist on the unimproved property. Recognizing the need to provide connectivity between existing and newly planned subdivisions, staff recommends that publically designated street stubs adjoining undeveloped property be -paved in accordance with NCDOT Standards . As an alternative to constructing the road connection, the developer could deed the right-of--way to the owner of the adjoining property. This would allow the road to be constructed at some future time when it is needed for that development. As an alternative to constructing the entire street, an apron or entrance area could be constructed that would indicate the presence of a future street. Section 41(7)(h) 1. Public streets- If the streets in the subdivision are public, stub streets shall be constructed in accordance with the minimum requirements of NCl)07C. Add the following lang~e: As an alternative to canstructi~g the stub street, the developer may transfer the ownership of the dedicated right-of--way to the adjacent property oyvner to allow the street to be constructed with the developmen# of that property. Alternative lanffaaa~e_ Arraend Section 41('7)(h) 1. Public Streets- If the streets are public, stub streets shall be - constricted in accordance with the minimum requirements of the NCDOT. Such improvements shall extend into the stub street no less than the full width of the interesting right-of-3va~v TAT & ~o. , Inc. .Post Office Box 4517 a~1 ' ~ ~J • G G Wilmington, N.C. 28406 (91b} 395-4046 ~> o ,~.....-c} ~ o C. o•.r~~ •~ -.,~.~ `t A. September 1'2, ~ Q1 Pir. Dexter Hayes, Director ~.~, New Hanover County Planning Dept. 414 C:heatnut Street,Room 304 Wilmington, td. C. ~~~~~' ~r ~ ~~' ~~.` (~ -, _ ~ ~; ~ , • r~j . ~~ I `..~'(,,~ V ~~''~ ~o ~ ~_ ~ ~~ t ~~. u ~ ~ --~ Fax (910) 395-4146 ke: Stut,.`streets ir, residential ~ubdiv.3.v3c,r,s Dear Dexter: I represent a gruux, c,# New Hanover developers.- 1de wc,uld appreciate a change ir,. TkG x,ulicy i.n re#er•er,ce tc, 'paving' r•equar•ed stub streets, adjacent tp uncievelap~d I,r•c,per•ty. Tr,e _I)GT will tacit accept a stub street into their system until adjacent pr•~perty ~._/ 3-,as beers developed. ar,d a certain, .number of r•~sidence have teen ar, a stub street. T1-,e-re should be a dedicated r3g}it o#' gray •~it~, proper language requ3•r•ing the stub street tc, be ir,stallEd when, adjacent prc,per•ty is developed. It is a #~,ards~,ip #c,r the HClA to police ~, mai.ntain wren I)C-T wall nat° ac,aept, P-lease review attached deed #rc,m attur•ney Bill Lynch as or,E e:,tampl~ tc, har,dlinU this problem. Thank yc,u #ar you car,sider•atior,. Sincerely, Terr• F: Tur•nEr• y A~2 REALTOR ~ ~" ~. 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Ni ,y 43 n 0 c o .~ {This pc~,g~ intenti~nczlly left blank} 44 NEON HANOVER COUNTY ~30AR® OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Dater 05/07/01 Regular item #: 9.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: S-471, 30/00 Applicant New Hanover County; Federal Point Fire Station, Government Office & Building ' BRIEF SUMMARY: At their October 5, 2000 meeting, the Planning Board unanimously approved Fire Services request to build a new facility. However, the Board wanted to review a detailed site plan displaying building square footage, tree inventory, parking, setbacks, and buffers prior to County Commissioners review. No one was present at the meeting in opposition or support of the fire station proposal. , RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board reviewed the Plan on April 11th and recommended adjusting the building location to save as many trees as possible. FUNDING SOURCE: . Fire District Tax ATTACHMENTS: r 5 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: r-~~___~~T, ""may REMQ1iE® ~' ~ , .% ~ ! posTPO~v~~ ~ ~4.. ; %. ~a1, SPECIAL USE PERi`/IIT 5-471, 10/00; Applicant: New Ilanover County Use: Federal Point Fire Station, Government ®fface ~ Building. . Location: 9815 River Road Planning Board Recommendation At their October 5, 2000 meeting, the Planning Board unanimously approved Fire Services request to build a new facility. However, the Board wanted to review a detailed site plan displaying building square footage, tree inventory, parking, setbacks, and buffers prior to County- Commissioner review. \TO one was present at the meeting in opposition or support of the fire , station proposal. The Planning Boardreviewed the plan on Aprill~lth and recommended adjusting the building location to save as many trees as possible. Preliminary Staff Findings 1. The Board must fnd that the use will not materially endanger.the public health or safety if located where proposed and developed according to the plan as submitted and approved. " A. The 2.~ acre site is proposed to be served by private water and sewer (now or formally Fairway Litilities). B. The facility will have direct access from River Road Service Road (SR 1576)." C. The use of the property as a fire station is by its very nature intended to preserve the public health and safety. D. The site is served by EMS District 5. 2. The Board must find that the use meets all required conditions and specifications of the Z-oning ®rdinance. A. The property selected for the fire station is zoned R-15 Residential. The minimum setbacks ,._ ~ ~an'diliufferyards~~shall be met. S., j B. Tle Zomng~Ord'inance establishes no special conditions for the constriction of a fire station. „ ~ C. Adequate p'arkin~g areas are available. NCDOT will approve need to driveway permits. :~,:;; ~ ~~t .~ a • 5-471,10/00 2. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The site is located near several residential developments, mobile homes, an RV Park and the Seabreeze Community. B. The presence of a fire station will decrease response time to fire calls in the area. C. The site is heavily wooded in the back and provides visual protection to adjoining property. D. Fire stations are a public necessity. E. The fire station will comprise of 12,20 square feet. 4. Th`e 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 Iocated and in general conformity with the plan of development for New 1FIanover County. A. The 1999 Land Classification-Plan identifies this area as Limited Transition. This class provides for development in areas that have some services. B. Fire station facilities and similar type uses have traditionally been located throughout a community to promote efficiency in response times, provide comprehensive fire service, and in turn lower homeowner insurance premiums through the protection of lives and property. Staff Comments - Every effort should be made to place the fire station toward the back center of the property to maintain the natural vegetation to the sides and rear and also protect a number of significant large trees Iocated near the central front portion of the site. - A NCDC3T Driveway Permit will be required. to adjoin SR 157b. - Landscaping should be in accordance ~~ith proposed ilnified Development ®rdinance standards. 47 Case: ~~1`Tl, 10/00 Pe~~~~~~ ~~~ry ~a~~ - Owner~`Petitioner: Netiv Hanover County Existing Land Use: Residential ,.. ' Zoning History:=April T, 1971 (Area 4) ~, Water Type: Community ~ - - '~° -Sewer Type: Community .. Recreation Area: Snows Cut Park Access & Traffic Volume: 1800 ~ ~ _ Fir. e. District: Myrtle Grove Watershed & Water Quality Classification: Telfair Creek C(SW) Aquifer I:eclrar~eArea: Shallow. Water Table ,.- ~ ~. ~. '- ,. Conservation/Historic/Arclzaeolo~~ic Resources: None Soils: Wakulla Sand 5e tic Suitability: Class I (Suitable Slight Limitations) ~~ Schools: Carolina Beach • • NEIM HANOi/ER COUNTY BOARD OF COIVIINIIISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 Regular Item #: 10 Estimated Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: New Hanover County Parking Deck and Library Renovations Award of Contract No. 01-0307 BRIEF SUMMARY: On Tuesday, May 1, 2001, New Hanover County staff received bids for a six story parking deck and library renovations. The estimated cost for this work which was presented to the Board of Commissioners during their January 22nd and February 5th meeting is $8,346,851 for the parking deck and $3,480,210 for the library renovations. At the time .of preparation of this agenda., item, bids had not been received. A package containing a bid summary and staff recommendation will be distributed. RECOMMENDED MOT10N AND REQUESTED ACTIONS: Please consider recommendation of staff as presented within distributed documentation. FUNDING SOURCE: 375-410.3750-7300-6000 ATTAC>-IMENTS: REVIEWED BY: LEGAL: FINANCE: Approve. BUDGET: HUMAN RESOURCES: N/A Recommendation will be forthcoming MENTS: • r `C'6e~9 AG ~........,.,,,,..,,,x. ~~E BEM®1/F® ~ Y`~ PoSTPO~~~ ~ ~-!49 ~~~~ ~-~~ - ~..,~.s ~ o Y ., n i ' ` ' ~ ~~ a a ~ ,~ aiy ~ , j; A. ~t b wj~,~ ~ L L / ~ t i y i + ~~~ 1, ~ + "~ ~t~i\~~i'y~..'.~~x~ 5 0 ~ (... _k \ _. z. L ~'`'~~~~ ~ . ~~~ . i ~~ • '~ • f~1ew Hanover County Park ing Deck Project Summary ns of May 4, 2001 Professional Fees Architectural Design- $608,636.00 Construction General Trades- Clancy & Theys $6,840,000.00 Plumbing= Southern Piping Co. $119,000.00 Mechanical - Blanton~& Co $7,000.00 Electrical - T & H Electrical $300,000.00 Sub Total $7,266,000.00 Contigency 109'0 $787,463.60 Total Budget $8, 662, 099.60 * Value includes $21,000. for new Canopy for stage in the Carolina Court Yard --~~'~, d-u-v U r J i _. ,,~ .. - New :Hanover County Library Renovations . Project Summary as of . Mny 4, 2001 - Professional..Fees Architectural Design $392,594.00 Construction General Trades= Clancy & Theys $1,019,000.00 Plumbing -Southern Piping Co. $70,000.0.0 Mechanical -Blanton & Co $466,944.00 ** ~~ Electrical - T & H Electrical $493',000.00 .Sub Total $2,048,944.00 „ , IT Estimate $60,000.00. ;Furniture Estimate $294,935.00 Moving Expense Estimate ~ $8,000.00 Contigency l Oqo - $244,153.80 .Total Budget $3,048,626.80 . c~~ ** Includes $108,964 for new HVAC unit and - ~ ~~-~"~~' ~` ~r r5 y, $1O,b41 for Dehumid/Cool System. ~ e YD'S _~-~ °,_ :~ ~ ~ .. 4 ` ~ ,; NEW i--fAt~~t~'e~Ei"i rp, N1A.!~;AGEFt'S +JEFfCE May 3,2001 - Mr. Alan O'Neal ' New Hanover County Manager . 320 Chestnut Street, Room 502 Wilmington, NC 28401 RE: Bid Tabulation and Contract=Award Recommendation ' ~ NHC Parking Deck and Library Renovations. SHARPE Project No. 1.0003 Dear Mr. O'Neal: Attached is a certified copy of the Bid Tabulation for the referenced project. We recommend you. award aMulti-Prime Contract to the following qualified low bidders: ® General Construction Clancy & Theys Construction Phimbing , Southern Piping Company ~. Mechanical Blanton & Company • Electrical T&H Electrical Sincerely, SHARPE Architecture of North Carolina, P.C. t~ Rick Collins, RA .Managing Principal , _ RC(dw Enclosure . cc: Greg Thompson, NHC Max Maxwell, NHC Z:\DATA\PROJECTS\1.0003.NHC Parking Deck\6000 Bidding\6060 Bid Tab\LO'Neal-Recommend Award.doc 1131-A Military,Cutoff Road . Wilmington, NC 28405 910.256.8700 . 91.0.256:11'21 Fax - r, ti l~ 4' „~. • • I1~ 0 Y v~ 7 V ~ ~ ~ CC r" CC .O ~ }~ a U 'ti ~ ~ 1, V ~ d z A o ~N ~t ~ U ~ ~ ~ .~ A r~i ~ ~~., U ~ ~ •C d W Mo W ~ yR Y ^C ~n z a A O 1 O ~ M N M \ O ~ ~ . 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C ,p UO '" ~ G a p ~ C3 ~"' y ~ O U O U y W ~ ~ U r u aL+ y ~ C p ~ -C ~ O U C ~ ~ U U ~y "rJ w U ~ C 7 ~ 7 L ~ C N .ro+ q J U W V N u .a ~ U - V `9 C. w R ~ . ~ V ~ u u C7 .t .. O ~ 'a ~' A~ ~ ~L" L" 1: ~ N O ~ G O _ •L N w O W . til L O ~ V V ~ C C ~ ~" E" ~ N. '3 p u . L' ~ ~ C u a y ' ~ . W „_' C C y ~ U C7 U Q q ~ W ~' d ~ ~ Q ~ Z ~ F .''~ W U !ma . 7 ~' r~ W C7 U ~ O O O m b 0 U O U b N 'CS N w U W .~ O m U O z 0 U s ' NEW HANOVER COUNTY BOAR® OF COMMlSSlONERS REQUEST FOR BOAR® ACTION. IYleeting Date: 05/07/01 Regular Item #: 11 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney, Jon Rosborough, Airport Director SUBJECT: Condemnation of 24.66 acres (9 Parcels) ofi Property located on the East Side of the CSX Railroad and Blue Clay Road opposite Pilgrim Circle on behalf of the New Hanover County Airport Authority. BRIfF SUMMARY: The Airport Authority needs this property as part of its comprehensive plan. The owners of the property have agreed in a binding mediation to the condemnation but the per acre price is in dispute. All costs associated with the condemnation will be borne by the Airport Authority. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize condemnation on behalf of New Hanover County Airport Authority. FUNDING SOURCE:. Airport funds. ATTACHMENTS: s REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S,CO NTS AND RECOMMENDATIONS: Recommend approval. h/'111A 11A ICCI/'1I~IC®C~ ArTiP1 IC //'+11MflACkITC. S. • '~4~GNI!~U iS APPIf~~?? ~ t~ DEJECTED ~ENIfl!!E® ~3 ~~ G~ Pt?STPONE®~ ,~ ~~~~ ~ '~ 5'~ t ~~ ~. .~J\~~ ~ h~ ~~ (41-,~ ~' ~.:. . .~, ' ~ {j # NEW HANOVER COUNTY BOAR® OF COIVIIVIISSIONERS REQUEST F®R BOAF2D ACTION Meeting Date: 05/07/01 Regular Item #: 12 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer Contact: Amy Akin, Mark Boyer. SUBJECT: Award of Bid and Approval of Contract for the Purchase and 6nstallation of Broadcast Equipment. BRIEF SUMMARY: The bidding process for the purchase of the equipment is in process.. Final Resolution and details will not be available until the day of the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: 110.420.4200.1000-6300 ATTACHMENTS: REVIEWED BY: ' LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A Recommendation will be forthcomi COMMISSIONERS' ACTIONS/COMMENTS: r DER® ~? 1 • I~E,9EC~1~? ~ .; ~EM01/E® ~ ~ „^ POSTPONEp ~ S 3 ~~A~n ~` ~b . 5 f 7~Qt,~~~~.rw ~~ ' {This page intentio~r~lly left blanl~} !fib iG~~ur q {`b rl 1 ~~-.. .. ~jrj~ '~ „% L-:' .. :. of NE1N HAIVOVER C0lJNT'Y BOARD OF,COMM1SSi0NERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 Regular Item #: 13 Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Establishment of a Schedule f®r Review of the Airlie Gardens Master Plan BRIEF SUMMARY: The Board needs to schedule cone-hour work session to review the Airlie Gardens Master Plan effort. Synthesis Architects, which has been leading the master planning effort, will make approximately a 30 minute presentation, with time for discussion afterward. This same presentation was approved by the Airlie Foundation, of which Chairman Davis is the Board's representative, at their April 17 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the Board schedule a work session. FUNDING SOURCE: No funding involved ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER`S COMMENTS AN.D RECOMMENDATIONS: Consider setting a date for a meeting. ' - ~ ~~: . COMMISSIONERS' ACTIONS/.COMMENTS: • r--- ~~~~ ~3 r~EM®1/E® ~ ~.~i G'OSTPONEi~ ~ ' `~r ,' ~#EAR(J ~ `I ~~~~:. 5,I.7 ~al~.~G 5 {This gage intend®nally left blank} r~ !,~` a tt,,Cli~ 5~6 ~ . 'C [7 [~ MEETING OI+ THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC May 7, 2001 ITEMS OF BUSINESS 1. Non-Agenda Items (limit 3 minutes) 2. Approval of Minutes 3. Presentation on the Kings Grant Sewer System Adjourn ~~ - ~9~~ PAGE NO. 57 59 61 ~ 57 ? .. {This pale intentionally left blank} 5~ NEVI HANOVER COUNTY ~OAR® OF COIVII~i8SS10NERS REQUEST FOR BOARD ACTION . Meeting Date: 05/07/01 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Water and Sewer Agenda -Approval of Minutes BRIEF SUMMARY: Approve minutes of the Regular Meeting, April 16, 2001. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW s • ~~~ ~EJg ~~ ~EA90V~ ~ ~ ;: ~aST~®~ ~ ~ ~ ~ ~ 59 ~~AR1~ ~ ~-~-~ . ~yr o~~ i' ~~ ~`~-__ . {This pale intentionally left blank} - ~.. ~. - - ~ ~ ,^ ~-:~ .. ~~ ~,~ ,:~e4 -~. , _ . ~ „~,~ ~~ {~''rl+r ~ ~F iEti~! l , 60 Nf a A ' 7 ~ _ . IVEW HAI~IOVER COUNTY ~OAR® OF COMlVIISS601VERS . REQUEST FOR BOARD ACTION , Meeting Date: 05/07/01 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Allen O'Neal Contact: Dave Weaver SUBJECT: Presentation on the Dings Grant Sewer System BRIEF SUMMARY: .Because of the desire of Kings Grant residents to provide input on their need for a sewer system to the Board, and because of the misinformation concerning the development of that system, the following presentation will be given: Wyatt Blanchard, County Engineer, on the status, scheduling, and possible financing of the ` .sewer system. (The purpose of this presentation will be to attempt to give accurate information to the Kings Grant residents before they begin their input) x Presentation by Kings Grant residents. * Discussion by Board, as desired. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board follow the above outline. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Listen to the presentation and_ provide direction to staff, as desired. COMMISSIONERS' ACTIONS/COMMENTS: l.~Pl~~~~ ~ x ` ~tE~IOVE® E;~] lPOSTP®f~E~ ~ ' '~ ;; ~ ~ ~61 b~EARfJ !` s . -,~ . .~t__~ 4 Apri120, 2001 NIr. Allan O'Neal, Manager New Hanover County 320 Chestnut Street Wilmington; NC 28401 .` RE: MAC' 7, 2001, 5:30 P.M. NE`Y IIANOVER CO. COMMISSIONERS' MEETING The concerned citizens group of the King's Grant area would like to be on the agenda of the Water and Sewer District for May 7, 2001. Mark Cope will present a resolution that will take no more than 30 minutes. We expect a large number of King's Grant area residents to be present. ;' _ '" ~~ ~~ BETTY W.SCO T 4630 MANCHESTER DRIVE WILMINGTON, NC 28405 Phone: 791-1721 .. ~- ,,~, ~ ~~: V ~ .. ~+ t. ~, CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS May 7, 2001 ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 65 2. Approval of Judicial Expansion -Temporary Handicap Ramp and Approval of 67 Associated Budget Amendment #2001-45 3. Approval of Bank of America Certified Copy of Corporate Resolution Opening and 75 Maintaining a Safe Deposit Box 4. Approval of Recommendations from Juvenile Crime Prevention Council for 79 Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2001 through June 30, 2002 5. Approval of Conveyance of Property to the Department of Transportation 81 Approval of Budget Amendments: 6.1 #01-0191 Social Services/Title XIX -Medical Transportation/Special Assistance - 85 Adults 6.2 #2001-43 Sheriff -Federal Forfeited Property 86 6.3 #2001-44 Sheriff -Controlled Substance Tax 87 ~ 63 {Y7'his page intentionally-left blank} 64 C~ • • • NEVV HAN®i/ER COl1~TY ~OAR® OF C®M1~1~SS1®NERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/0.1 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Consent Agenda -Approval of Minutes BRIEF SUMMARY: Approve the following sets of minutes: Joint Meeting -Board of Education Regular Meeting RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING :SOURCE: ATTACHMENTS: STEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S ME Approve minute COMMISSIONERS' CTiONS/ April 10, 2001 .April 16, 2001 ~~>~ ~t~M01lED ~ ~ .. POSTP9~IED L3 ''~f ~€EAR(~ , ~_. ~-~ s~ 7~~ol.~~r ~~- 5 {T'his page intentionally left blank} ' ~- ,ti ~,. t ~a, _ ., r- _ - ~,- ~ . 6~6~ . _ ~ ~ ~ Y 4~: ~~~ - ~~ NEVlI HANO~ER C~IJNTY ~®AR® OF C®MMISSI®NERS REQUEST FOR E30ARD ACTION Meeting Dater 05/07!01 ' Consent Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: } Contact: Andy Atkinson ' SUBJECT: .ludicial Expansion -Temporary Handicap Ramp BRIEF SUMMARY: In order for handicap access to be available for the historic courthouse during construction of the Judicial Expansion, a temporary ramp. needs, to be constructed from 3rd street. The cost for this construction is $8,000. Please see the drawings attached to this item: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve achange-order to Clancy and Theys for construction of a temporary handicap ramp for the historic courthouse. Approve budget amendment #2001.45. FUNDING SOURCE: Certificates of Participation ATTACFIMENTS: ~~, ® ba01-45. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve change order in the amount of $8,000 to Clancy and Theys for construction of a. temporary handica p for the Judicial Building expansion project. Also appro~de the budget amendment. COMMISSIONS S' ACTIONS/COMMENTS:. ~~ti~~ ~- ' ~ ~-~1~~ L ~.~aa ' t fi ~ o`~ ` a~`~ ~~ . ,._ ,x r~~~~~ ~*.h, p a,Q. ~ ~~ ! h •. RED ~~ ~ ~~4. E~EM®V~ ~ ~~~ ``. 1?®STP®NEO .~ --t NEW HANOVEFt COUNTY BARD OF CONiMISS90NERS REQUEST FOR. BOARD ACTION Meeting Date: 05/0710'1 - Budget Art~endment DEPARTMENT: Judicial Building Capital Project. BUDGET AMENDMENT #: 200'1-45 ' ADJUSTMENT COPS Proceeds Capital Project Expense ~~ . DEBIT ', CREDIT - $8,000.. - ~ $8,000 EXPLANATION: To increase budget fior cost of handicapped ramp. ADDITIONAL INFORMATION: ~. APPROVAL STATUS: To be approved by Board Of Commissioners ,- ~ ~~ u~~ ~. ~ 3 C ~ G .- ~ 4 ~~ f~E~ RIB f I J ~7 Nom} ZI~lRb ~~T --fi- - -, --- _i - --~. - - - .- ..._ i ~ ~ s _ fi Zr .,n 2 ~m -1 ~' 0 ~i _n ~~ A~ ~~ z ~n m • ~~ . ~~ ~~ _~ ~ -ti G n N N b~ O r-~-~. .._. L- r _ _... . NDiZ1~' }{ 5T7~-C`l~ 69 6v p ~~ ~~ ~~ ~ ~. ~ ~ q'^) - 3 V' ID ~ ~~ ~? ~ '~ ~ +~ .- ~ ~ G ~ .*; ~~ \ i ~ ~ ',;, ~~ Q ~ ~., _ ,~ c~ g~. ~ ~r ~ ~' • /'~ ^r, ~` ~~ ____ _._. cn -'v ~ 1~ ~ ~--- ~~~ -'~ ~ t7 ~ ... .~ ~ G N~_ ~ ~ ~ ~~` ,~ ~~ r-~ r ~~ ®~ ~`~^ J~ ~~ ~~ • ~~~ ~ ^'~-~ ~~ ,~ ,, .n ~ i -~ Y -~- ~~ ~~ C~~ p~~ m ~ Q II ~~. ~_~ V -~ ~ ~ 2 ~ t O `~ ~' ~v ~ ~ ~~ ~ -~-~ ~ ~ ~ p Z N '~' ~~_ ~~~ ~~ y _ ~~ ~Q ~' U ~~ ~ ~~ mm ~ r X X ~ °° L~ ++ L9 i r O D ' D z O a rr --4 n ~ -I, o z. ; z rn x n ~ . 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Q m TOTRL P.02 t NE1~/ HANOO/ER COUNTY BOARD OF COiVI1VI1SSi0NERS REQtlEST FOR BOARD ACTION Meeting Date: 05/07/®1 ~ J Consent Item #: 3 Estimated Time: .Page Number: Department: Finance Presenter: Bruce T. Shell Contact: Bruce T. Sheil SUBJECT: Bank of America Certified Copy of Corporate Resolutions ®pening and Maintaining a Safe Deposit Box BRIEF SUMMARY: Attached Bank of America Certified Copy of Corporate Resolutions Opening and Maintaining a Safe Deposit Box for New Hanover County -Cape Fear Museum adding Ruth Haas and Pat Melvin to Fist of authorized employees able to open and maintain the safe deposit box. Timothy Bottoms and Barbara Rowe are already authorized on an existing resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of County Commissioners adopt the Bank of America Resolution. FUNDING SOURCE: ATTACHMENTS: The Bank of America Resolution is being submitted separately. REVIEWED BY: LEGAL: FINANCE: Approve Recommend approval. BUDGET: N/A HUMAN RESOURCES: N/A D i~ ~tEJE® ~EMO!!E® ~ ~' . ~. POSTPONED f~;EARIJ ~7 ;~~~~- .. sf?~vr ..Q~75 ~. ~ ~~°~~;~ ®~~ Certified Capy of Corporate Resolutions Opening and l~Iaintaining A Safe Deposit Box _1~7ew H.axl.ove-~C-ouz~ty=C~pe~k'ear _u~eum _ _- NameofCorporation~Governmental Entity 1, the undersigned, hereby certify to Bank of America, N.A.,__Wllmington - _ _ -- -- __ - - -NC - _- ,that [ (Cityll3anking Center) (State) Chairman .. the New Hanover'-Co,unt_ Board of Count •Commissioners am the ---- __-.. - / ---- X~ of ---- --- ---_-------y----------------y - ---- ---------- _.___-. , a corporavoti overnrnental `~ntity duly organized and existing under the laws of the State of.__NOrth_Carollna __ _ __ _ _ _ _ _____ __ and that the following is a true copy of resolutions duly'adopted by the Board of Directors of said Corporation at a meeting drily held on the . _---day of ___---...----=-----------___--- --------- , --------', at which a quorum was present and acted throughout, and that such resolutions are in full force and effect and have not been amended or rescinded. ~ ~ - 1. Resolved, that asafe'deposit box (which term shall as used in this and the following resolutions include safe depositboxes and safe deposit compartments in any number) be opened and maintained in the name of this Corporation with Bank of Arihcrica, N.A., --.-._W.1~.m~~1g~_4I1_---- ------------ -----_---------- . ; ------NC----------~_ ;and that any ('CitylBanking Center) ~ (State) one of the following officers or employees of this Corporation: Ruth Haas Pat Melvin Timothy Bottoms Barbara Rowe -- - -- ----------------- ------- -- - be and they hereby are authorized to have access from time to time to the safe deposicbox in the vaults of Bank of America, N.A., ~` Wilmingt_o_n .Banking Center) subject to the rules and regulations of said bank of America, N.A.; and . NC _ _ _ _ _ ,rented in the name of this Corporation, (State) 2. Further Resaived, that said Bank of America, ALA. -_-- Wllmington ~~ NC (City/Banking Center) ~ (Scale) is hereby authorized and requested to grant access from time to time to said safe deposit box in accordance with the foregoing-resolution; and 3. Further Resolved, that the Secretary or fssistant Secretary of this Corporation shall certify to said Bank the names of the persons who are at present authorized to act on behalf of this Corporation under the foregoing resolutions and shall provide specimens of their signatures, and shall from time to time hereafter, as changes in the personnel of stud officers and employees are made, promptly certify such changes to said Bank together with specimens of signatures required by such changes, and said Bank sha(l~be fully protected in relying on such certifications of the Secretary or Assistant Secretary until superseded in writing, and shall be indenmified and saved harmless from any claims, demands, expenses, loss, or damage resulCing from, or growing out of permitting access to said safe deposit box by or honoring the signattu-e of any officer or employee so certified, or refusing to permit such access or to honor any signature not so certified; and, Q. Further Resolved, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or recission sha(1 have been received by an appropriate employee of said Bank who is in a position to implement the notice and that receipt of such notice shall not affect any action taken by said Bank prior thereto; and, '. ti -; .. ' 5. Further Resolved,. that all safe deposit h ansactrons.by any of the officers or employees of this Corporation on its behalf, and in its name, with Banlc of America, N.A. prior to delivery to said Bank of a certified'copy'of the foregoing resolutions are, iu all respects, hereby ratified, confirmed, approved and adopted; and, 6. Further Resolved, that the Secretary;~or:~lAs'sistarit`Secretary be, and hereby is, authorized and directed to certify these resolutions to Bank of America, N.A. and that the provisions thereof are in conformity with the :Charter and By-Laws of this Corporation. 4y 76~ ~_ x. ~ r ~~ r .~ 61-14-0433NSi3 5-1999 I further certify that the following are the names and titles of the present principal officers of this Corporation/ Governmental Entity Ted Davis, Jr. Chairman, New Hanover County Board~of County Commissioners bert G. Greer Vice-Chairman, New Hanover County Board of County, Commissioners lia Boseman Commissioner, New Hanover County Board of County Commissioners illiam A. Caster Commissioner, New Hanover County Board of County Commissioners Nancy H. Pritchett Commissioner, New.Hanover County-Board of. County Commissioners In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation, this day of .---- ---------------- - ---------- (Corporate) ---- - - ------- - (Seal) ~~t~~~~~~~~t' Chairman, New Hanover County Board of County ~ Commissioners :~` . s 77 {This page intentionally left blank} ,, ~~ NEW 0•fANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 • Consent Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter:. Contact: Andy Atkinson SUBJECT: Recommendations from Juvenile Crime Prevention Counci'I for Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2001 through June 30, 2002 BRIEF SUMMARY; The Juvenile Crime Prevention Council (JCPC) is responsible for making recommendations to the Board of County Commissioners for funding provided by the Department of Juvenile Justice and Delinquency Prevention (DJJDP) on an annual basis. The JCPC met on March 23, 2001 and recommends the following agencies be funded for the fiscal year beginning July 1, 2001. This recommendation, if approved, must be submitted to the State for final approval. The recommendations are as follows: Juvenile Psychological Services Intensive Home-Based Services s • ~~No agency has been designated to carry out the Day Reporting Program to date. $188,042 has been set aside to fund the program at a later date. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend to the State the recommended funding as detailed above. FUNDING SOURCE: NC Department of Juvenile Justice and Delinquency Prevention Requested Recommended $ 94,862 $ 94,862 195,629 150,000 $290,491 $244,862 (no County funds required). ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A Recommend approv d'~rR1JVFlbf~ lmyj ° '. ,.zk~~ ~2EJECT~® C3STPO~dED ~ . , tir ..- , ~,n ~.w ~~.~ ~. ~ f ~ L"~ .. / : A S 80 .. Y • a • • NEI~I HANOVER COUNTY BOAR® Of COiVIIVIISSIONERS REQUEST fOR BOARD ACTT®N Meeting Date: 05/07!01 Consent Item#: 5 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Andy Atkinson SUBJECT: Conveyance of Property to Department of Transportation BRIEF SUMMARY: The DOT has requested that approximately 1.022 acres of land along 23rd Street be conveyed to them for part of the construction of Smith Creek Parkway. Since this is part of the Airport property, this request has also been made to the Airport Authority.. They meet on May 3rd to discuss. This property is a narrow strip along 23rd Street and has no resale value since most is very wet. .RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the conveyance be approved. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A Recommend approv APPi~® ~"G~. REJEC'~© REMOVE® ~ ~~ POSTPONES I~ ~~ ,. ~EARCJ ~ ~, ~~-rte -~~ ~~ ~, ,,,_ ~~ ~,~~a- i nv G1~t~~i ~ ~ . ~~~~,~ THIS INSTRUMENT DRAWN BY ~, CHECKED BY Return to: J. J. Anderson, Jr., Division Right of Way Agent North Carolina Department of Transportation 306 Division Drive, Wilmington, NC 28401 NORTH CAROLINA COUNTY OF NEW HANOVER TAX LOT NO. _~~~~ 0 STATE HIGHWAY PROJECT F.A. PROJECT I.D. NUMBER PARCEL NUMBER ROUTE 8.2250108 M-5855(2) U-00928 004 Smith Creek Parkway THIS DEED, made and entered into this the day of , 2001, by and between~~ ' New Hanover County and New Hanover County Airport Authority Hereinafter referred to as the GRANTORS, and the Department of Transportation, an agency of The State ofNorth Carolina, hereinafter referred to as the Department: WITNESSETH That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in consideration of the sum $1.00 agreed to be paid by the DEPARTMENT to the GRANTORS, do hereby give, grant and convey unto the DEPARTMENT, its successors and assigns, in FEE SIMPLE (together with any provisions relating to abutters' rights of access which may be hereinafter stated), or by easement as indicated, that certain property located in Cape Fear Township, New Hanover County North Carolina, which is particularly described as follows: Fee simple right of way described as follows: Beginning at a North Carolina Department of Transportation right of way monument located 82.02 feet northeasterly of and perpendicular to Survey Station 18+73.010, Survey Line Y3; thence S 69°27'15" E along the northern control of access right of way boundary of khe project, to the point of intersection with the , Grantor's eastern property line common with Smith Creek; thence southeasterly along and with the Grantor's eastern' property line common with Smith Creek as it meanders to the point of intersection with the eastern existing right of way boundary of SR 130?_, North 23rd Street (100-foot existing right of way} said point located 50 feet easterly of and perpendicular to Survey Line Y3; thence northeasterly along and with the eastern existing right of way boundary of SR 1302, North 23`d Street (100-foot existing right of way) all points 50 feet easterly of and perpendicular to Survey Line Y3, to the Grantor's northwestern property corner, same being a southwestern property corner of Louise A. Blake, Trustee, now or formerly; thence southeasterly along a common property line of the Grantors and Louise A. Blake, Trustee, now or formerly, to the point of intersection with the eastern control of access right of way boundary of the project, said .point located 82.02 feet northeasterly of and perpendicular to Survey Line Y3; thence S 01°32'00" E 502.60 feet along thee.. aforesaid eastern control of access right of way boundary~of the project; to the poiht of beginning. A temporary construction easement described as follows: Beginning at the point of intersection of the eastern control of access right of way boundary of the project with the Grantor's northern properly line common with Louise A. Blake, Trustee, now or formerly located 82.02 feet northeasterly of and perpendicular to Survey Line Y3; thence northeasterly, along the aforesaid northern property line of the Grantors:, common to Louise A. Blake, Trustee, now or formerly, to a point 98.43 feet northeasterly of and perpendicular to Survey line Y3; thence S 01°32'00" W 66.50 feet to a point; thence N 88°28'00" W 16.41 feet to a point on the eastern control of access right of way boundary of the project located 82.02 feet northeasterly of and perpendicular to Survey Station 17+40.000, Survey Line Y3; thence N 01°32'00" E along the. ' eastern control of access right of way boundary of the project to the point of beginning. This temporary construction easement shall expire upon completion and acceptance of the aforementioned project. The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the New Hanover County Registry in Deed Book Page and is bounded by Louise A. Blake Trustee on the north Smith Creek on the south and east and North 23` S~ treet 1SR 1302) on the west The final right of way plans showing the above described property are to be certified and recorded in the Office of the Register of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to which plans is hereby made for purposes of further description. ;- "The Grantors by the execution of this instrument, acknowledge that the plans for the above referenced project as they affect their. remaining property have been fully explained to them or their authorized representative, and they do hereby release the Graniee,~its°successors and assigns from any and all claims for damages resulting from the construction of said,project.or from the past, present or future use of said premises herein conveyed for any purpose for which the said Department is au##thorized by law to subject the same. ~ i1V 3k y1{; '~ IT IS UNDERSTOOD AND AGREED between the parties hereto that this conveyance is made for the purpose of coristructing and establishing updn'the right of way hereby conveyed a road or highway designated as State Highway Project 6.2580028, New Hanover County, which road or highway is a controlled access facility as defined by law and the GRANTORS`shall~have no right of access to said road or highway, except such access as may be provided by way of - locahservice or frohtage~roads and streets or specific access points as shown and designated as such on the right of way plans for said State Highway Project on file in the office of the DEPARTMENT in Raleigh, North Carolina ,and to be recorded in the Register of Deeds Office of New Hanover County pursuant to N.C.G.S. 136-19.4. The access as provided is more particularly described as follows: No means of access to the project is provided. R/W D-1.2 Page 1 As to such local service or frontage roads and streets or specific points of access, the GRANTORS reserve unto themselves, their heirs, successors, executors, and assigns for the benefit of their remaining property abutters' right of access thereto as at common law; subject, however, to the right of the DEPARTMENT to reasonably regulate said abutters' right of access in order to protect and safeguard the traveling public: This deed is subject to the following provisions only: NONE TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to the DEPARTMENT, its successors and assigns in FEE SIMPLE, or by easement as indicated, for the past, present and future use thereof and for all purposes which the said Department is authorized by law to subject the same. The Grantors make no warranty, express or implied, as to title to the property herein described. s IN WITNESS WHEREOF, New Hanover County, pursuant to a resolutidn dated has caused .this instrument fo be signed in its corporate name by its Chairman of the New Hanover County Board of Commissioners, its corporate seal to be hereto affixed, and attested by its Clerk of the New Hanover County Board of Commissioners, by order of the New Hanover County Board of Commissioners, and, New Hanover County Airport Authority, pursuant to a resolution dated has caused this instrument to be signed in its corporate name by its Chairman of New Hanover County Airport Authority, its corporate seal to be hereto affixed, and attested by its df the New Hanover County Airport Authority, by order of the New Hanover County Airport Authority. Corporate Seal Corporate Seal BY; NEW HANOVER COUNTY, NORTH CAROLINA BY: (SEAL) Chairman of New Hanover County Board of Commissioners ATTEST: (SEAL) Clerk of New Hanover County Board of Commissioners New Hanover County Airport Authority (SEAL) Chairman of New Hanover County Airport Authority ATTEST: (SEAL) Of New Hanover County Airport Authority ACCEPTED FOR DEPARTMENT OF TRANSPORTATION BY: R/W D-1.2 Page 2 ~ 83 State of North Carolina __ New Hanover COUNTY I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is Clerk of the Board of County Commissioners of New Hanover County, and that by the authority duly given, the foregoing instrument was signed in its name by its Chairman of the New Hanover County Board of Commissioners, sealed with its corporate seal, and attested by as its Clerk. Witness my hand and official stamp or seal, this the.: day of , 2001. My Commission expires: _ Notary Public r State of North Carolina New Hanover COUNTY 1, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is of the New Hanover County Airport Authority, and that by the authority duly given, the foregoing instrument was signed in its name by its Chairman of the New Hanover County Airport Authority, sealed with its corporate seal, and attested by as its Witness my hand and official stamp or seal, this the day of , 2001. My Commission expires: , ' Notary Public R/W D-1 :2 Page 2 Nov 2000 84_. ~ NEW 1-1ANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTlOIV Meeting Date: 05/07/01 Budget Amendment Consent Item' #: ~ ~ 1 Estimated Time: Page Number: DEPARTMENT: Social. Services/Title XFX -Medical Transportation/Special Assistance -Adults BUDGET AMENDMENT #: 01-0191 ADJUSTMENT DEBIT CREDIT Social Services: Title XIX -Medical Transportation Medical Transportation $126,500 Special Assistance -Adults: Assistance Payments $7,500 Title XIX -Medical Transportation: Medical Transp. -County Systems $134,000 EXPLANATION: To budget additional funding for the Medical Transportation Program from the North Carolina Division of Medical Assistance. No additional County d s are required. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS'-ACTIONS/COMMENTS: - ~~~~ = c ~EJEf~Ti~ ~ , - . POSTPORIEffi O ',c : , ~EARi~ ~ ~ti^ ~_ ~'~ . R 7 (fit..: NE1N HAIVOVER COUNTY BOAR® OF C~MMISSIOiVERS REQUEST FOR BOARD ACTIOiV Meeting Date:. 05/®7/01., . Budge# Amendment Consent Item #: G .2 Estimated Time: Page Number: DEPARTMENT: Sheriff-Federal Forfeited, Property BUDGET AMENDMENT #: 2001-43 AD.lUSTMENT DEBIT CREDIT Federal Forfeited Property funds $18,852. Capital Project Expense ~ $18,852 EXPLANATION: To increase budget for additional revenue received 4-5=01. Federal Forfeited Property funds are budgeted as received and m be used for law enforcement activities as the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: '' ~ ff REJECTEp 1.. V ~'EMOVE® NE~1f HANOVER C®UNTY ~®AR® OF CCDIVIiVI~SS9®IVERS REQUEST FOR BOARD ACTION Meeting Date: 05/07/01 . Budget Ar~aend~nent Consent Item #: r,.3 Estimated Time: Page Number: DEPARTMENT: Sheriff-Controlled Substance Tax BUDGET AMENDMENT #: 2001-44 ADJUSTMENT ~ DEB1T CREDIT Controlled Substance Tax funds $4,136 Capital Project Expense $4,136 EXPLANATION: To increase budget for additional revenue received 4-5-01. Controlled Substance Tax funds are budgeted as receiv must be used for law enforcement activities as the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: ~~~ ` !>aPPROV~I~ ~, REJECTED ~ _ ~EMOVEf3 ~ 1' ,. POSTPONED ~ ~€EAR[) 'r~ S1~0 ~ ,~:.,~~/,~Q ~.!_J Dean W Hollandsworth, Wilmington,. NC Z84Uy Tel.# (910) 341-4791 ^•;:y.:,';A -'; •- ~ .~,. ~ ~ Stdff.Attomey New Hanover County tof t ~ ~ - - .; ~~ ; ±,; ,,gam ~ men DepaC social5ervices 1650 Greenfield Street .1~5 LE6ALNOTICE$ Ix : ~w ~ - ' '~ ~I ~ ~ ` • Office Drawer ]s59 t P 4' ` . / os . NC 28402 Wilminggton . ,e" , Tel.# (910) 341-4791 .~ _. NOTICE OF MEETING _ - . OF THE `{~ NEW HANOVER COUNTY ~ r ' BOARD OF EQUALIZATION -` ~ • . -AND ;REVIEW ~ ~r • Pursuant'to N.C.G.S. I05-322. the '_ a, ~ ; New Hanover County Board of Equalization and :Review will .. "~ ' meet as required` by ..law. The ~ ~' Board of County Commissloners ;*~~f ; acts` as the' Board of Equalization 4•,„ ~ and=:Review.. f ": r pURPOSE'OF MEETING - . ~ _-j To hear upon request, any and all ~~a-F taxpayers who. own or control - ._., ~ taxable. property assessed for ~ ~• ° taxation in New Hanover County, M1 with respect to the .:valuation of W such. property or the property of ~ b others, to schedule heanngs, and -,, , ' duties and r~sponslb)II-. to fulfill ; ~ a;~. , , ties required by law. - TIME OF MEETING ° L - The Board will convene Mor-day,~ ~ ~;~ ~ .April. 16; 2001 at their 9:00 AM -`°- - meeting in the New Hanover : - ' County Histonc Courthouse, 24 N. Third .Street, Room 301, Wil-_ _~ mington, NC. The. Board> will ad-~ ''r journ after recognizing those in- r . dl~iduals who request a valua- ~ "°' . tion hearing,. -.and determine the. i' ' date for actual hearings. At a later date, individuals:'-will be no- ' tified when and where to appear ~-:, for their individual hearings.... ; ~ °; : . ~, , . --1Nritten ;requests for hearings. , . ,'` ~`- , ~,,: must be received 'rio later than r., 5:00 PM, Monday, April 16, 2001, •-.~ ,` the advertised date for adjourn= , ; ~=; - ment. µ7V J in the event of earlier or IGter adjoummertt, notice to that ef- ' ~,.~,-~ fect well be -published in this ~~'_ newspaper The'schedule for the hearing of .. ' appeals imely filed will be ~ posted at the:: Office of the As- ` - . ~ Clerk to the. sessor,: serving' as . w _,. . Board of Equalization and Re- F ~,,t;; view. _ -- All requests for hearings should =`"'T be made`to: -~ Tax Administrator , -' '. 320 Chestnut Street ~' ' Room 209 Wilmington, NC 28401 ~ ~ ~;~. ; - --r 910-341-7131.... , ~' ,~ .~ ._ ~; .:~