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Agenda 2000 05-08AGENDA NEW HANOVER COUNTY jBOARD OF COMMISSIONERS Assembly Room New Hanover County Historic Courthouse 24 North Third Street Wilmington, NC May 8, 2000 6:30 p.m. WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREERVKE-CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' LUCIE F. HARRELL, CLERK TO THE BOARD MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes) APPROVAL OF CONSENT AGENDA ,.. ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. 6:45 p.m. 1. Presentation of John M. Dolan Volunteer Firefighter of the Year Award 1 to Mr. Bill Pearce, Chief of Ogden Volunteer Fire Department ~,~n~ 6:55 p.m.~~ `12. Presentation of Resolution of Appreciation to Mr. Doug Bowers of the 3 NCDOT for His Years of Public Service ' 7:00 p.m. 3. Consideration of Recommendation for Jail Expediter for the New Law 5 Enforcement Expansion 7:15 p.m. 4. Consideration of Approval of Contract #99-0359 and Associated Budget 7 Amendment for Engineering Services -Mason's Inlet Project Public Hearings: 7:30 p.m. 5. Solicit Proposals for an Infrastructure Grant Application: Community 9 Development Block Grant Program (CDBG) 7:40 p.m. 6.1 Item 1: Rezonin>? -Request by Joe Taylor, Attorney for Z-1 Commercial 11 Properties, LLC to rezone 56.45 acres located due north of Monkey Junction and fronting on South College Road and Carolina Beach Roads from R-15 Residential to B-2 Highway Business and Conditional Use (B-2) (Z-697, 03/00) 7:05 p.m. 6.2 Item 2: Special Use Permit -Request by Loren Dickey for Southern Lifestyles 21 to permit a Community Boating Facility in the Windy Hills development =~,. located near the 6000 block of Myrtle Grove Road (5-457, 04/00) ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. 7:15 .m. 6.3 Item 3: Rezonin - Re uest b Wa ne Carswell for Tomm Davis 33 `' p ~ q y Y Y Construction to rezone 2.78 acres located in the 300 block of Greenville Avenue adjacent to Wrightsville Green development from R-15 Residential to R-10 Residential. (Z-699, 04/00) 7:25 p.m. 6.4 Item 4: Rezoning -Request by David Byrd to rezone 0.9 acres located in the 37 2400 block of Castle Hayne Road, from R=20 Residential to B-2 Highway Business. (Z-700, 04/00) 7:35 p.m. 6.5 Item 5: Special Use Permit -Request by UNC-Wilmington to modify a Special 41 Use Permit for a Marine Research and Educational Facility located in the 5000 block of Masonboro Loop Road (5-329, 03/91 & 04/00) 7:50 p.m. 6.6 Item 6: Special Use Permit -Request by Sea-Comm, Inc. for Parks Downing ~to 49 permit a radio tower located in the 1900 block of Plantation Road, Greenview Ranches development. (5-458, 04/00) 8:00 p... 6i .7 Item 7: Rezoning -Request by Tripp Engineering, P.C. for Allan May to 57 '~~ rezone 9.65 acres located in the 2500 block of Castle Hayne Road, from AR Airport Residential to B-2 Highway Business and AI Airport Industrial. (Z-702, 04/00) ADDITIONAL ITEMS County Commissioners County Attorney • County Manager 8:30 p.m. ADJOURN - MEETING OF THE WATER AND SEWER DISTRICT Historic Courthouse Room 301 May 8, 2000 6:30 p.m. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS (limit three minutes) 2. Approval of minutes ` ADJOURN PAGE NO. 61 63 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS May 8, 2000 ITEMS OF BUSINESS PAGE NO. 1. Approval of minutes 67 2. Award of bid #00-0240 and approval of contract #00-0240 for NoxOUT 69 Reagent 3. Award of bid #00-0315 and approval of contract #00-0315 for a GMC 71 Yukon 4. Award of bid #00-0302 and approval of contract #00-0302 for In-Home 73 Aide Services 5. Approval of Easement Deed between New Hanover County and St. James 77 Parish for Airlie Gardens 6. Approval of agreement between New Hanover County and St. James Parish 83 on Policies and Procedures for St. James access to Airlie Gardens 7. Approval for Department of Aging to be designated Lead Agency for Home 89 and Community Care Block Grant funds 2000/2001, approve receipt of Home and Community Care Block Grant funds in the amount of 4724,670 and approve receipt of Title 3F Health Grant monies in the amount of $8,478 8. Approval of Gemplus purchase order for gift for Northeast Branch Library 91 9. Presentation of Resolution Certifying Election Results 93 10. Approval of Proclamation for "Teen Pregnancy Prevention Month" 101 11. Approval of Budget Amendment #2000=33 Controlled Substance Tax 103 12. Approval of recommendations from Juvenile Crime Prevention Council for 105 Office of Juvenile Justice Funds for Fiscal Year July 1, 2000 through June 30, 2001 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: t Estimated Time: Page Number: Department: Fire Services Presenter: Jim Sawyer, Chairman of Fire Commission Contact: Donnie Hall, Administrator SUBJECT: Presentation of John M. Dolan Volunteer Firefighter of the Year Award BRIEF SUMMARY: The Fire Commission, acting on behalf of the County Commissioners, annually selects the recipient of the John M. Dolan Firefighter of the Year Award from nominees submitted by the Fire Chiefs. This year's award recipient is Chief Bill Pearce, of the Ogden VFD. RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGEf~:S COMMENTS AND RECOMME Present Awards _ COMMISSIONERS A~TIONS/COMMENTS' COUNTY COMMISSION€R~, APPROVED L~..~'~SC REJECTED ^ REMOVED ^ POSTPONED ^ NEARI~ ~~ ®~ {This page intentionally left blank} „,, r--~r t ^„ P. a ~~!~~'G1 ~`! (~~~~i'~~Nr,l ~~) cq~&~ ..~~. ?~ :~~ ~ X i i NEW HANOVER COUNTY BOARD OF COMMISSIONERS ''~ REQUEST FOR BOARD ACTION ,~ Meeting Date: 05/08/00 Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Wayne Morris, ,DSS Director SUBJECT: Adoption of Proclamation Designating May, 2000 as Foster Parent Appreciation Month BRIEF SUMMARY: May has been designated as Foster Parent Appreciation Month. During this month we publicly recognize the tremendous contribution made by our foster parents to the child welfare system and to the lives of the young somehow entangled in that system. A proclamation is attached for adoption by the Board of County Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation designating May 2000 as Foster Parent Appreciation Month in New Hanover County. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW Recommend approval` ND RECOMMENDATIONS: nrTinnic irnnnnnrnirc. ,~ rCOUNTY COMMI~IONEkS~ APPROVED t~7/ REJECTED D REMOVED ^ POSTPONED D t HEARD 1 a ~ ~, r h... ~ Cv .'~ ~~ ~~ ~ ~1 aG ~-knM. ~ C Y43 's * i 'M~iJ ~y `f.. PROCLAMATION HONORING FOSTER PARENTS , ~` WHEREAS, Foster parents come in all shapes and sizes, races and colors; some foster parents are - professionals and some are professional foster parents for our special needs children, and WHEREAS, Some foster parents are motivated by religious principles, some by civic obligations, all by love of children and none by money, and . WHEREAS, We turn more and more to the family foster homes of New Hanover County to nurture . the bodies and spirits of the children in our charge while our social workers guide the parents to overcome their problems and deficiencies to provide safe, permanent homes for their children to return, and WHEREAS, The family foster homes are the backbone of the child welfare system allowing children to grow and develop in healthy environments while their families of origin resolve problems of alcoholism, drug addiction and other plague, and ~" WHEREAS, While the number of children. coming into care has decreased slightly, our need for these dedicated persons who open their homes and hearts to-other people's children is as great as ever, and WHEREAS, Many of our foster parents open their homes to provide safe, permanent, loving homes to children who can never go back to their family of origin and who need a foreve o ,and WHEREAS,. May is singled out as Foster Parent Appreciation Month to be the one month we publicly recognize the tremendous contribution made by our foster parents to the child welfare system and to the lives of the young somehow entangled in that system.,. NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Social Services in recognition of Foster Parent Appreciation Month, thank all the foster mothers and foster fathers for their commitment of time and talents to these unfortunate ones. .THIS THE DAY OF , 2000. t NE1N HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 ~'' n ~c ~~egtrl~-Item #: 2 Estimated Time: Page Number: . Department: Governing Body Presenter: Chairman Caster, Board of Commissioners Contact: Allen O'Neal, County Manager SUBJECT: Presentation of Resolution of Appreciation #o Doug Bowers,. NCDOT, for his years of Public. Service BRIEF SUMMARY: Attached is a Resolution of Appreciation to Doug Bowers for his years of service to the citizens of North .Carolina and New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve and present Resolution to Mr. Bowers. FUNDING SOURCE: ATTACHMENTS: 1TEM.DOES NOT REQUIRE REV/EW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve and present Resolution. COMMISSIONERS' ACTIONS/CO M NTS: - • * BOUNTY COMMISSIONk~$~ APPROVED l~ REJECTED Q REMOVED Q POSTPONED p /HEARp - ~. W.~'~~ r. Slp. ~,~.. `_ 3 ~ Thls page IntentlonallyleftMank} , rt.. , ~~~ ~ ~~~~ "~~.'~ ~~. NEW HANOVER COUNTY BOARD Of COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: 3 Estimated,Time: Page Number: . Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Consideration of Recommendation for Jail Expediter for the New Law Enforcement. Expansion BRIEF SUMMARY: ' Presentation will be made on a recommendation for a Jail Expediter for the new facility. Additional information will be sent under separate cover. RECOMMENDED MOTION AND REQUESTED ACTIONS: ` _E'y,=GCt~,a'f'-L'!t-if/~G~Y'i ~.! ~ C~G%~~~7j_~L~.,.~ !2~ ~f6` E'i' ~ur~di~G~, ~Y'l~r FUNDING SOURCE: 366-431-3660-7300-6000 ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND COMMENDATIONS: Recommendation will be forthcoming. COMMISSIONERS' ACTIONS/COMM NT . COUNTY COMMISSION~~ . A~'PROVED lY""' REJECTED ^ d REMOVED ^ POSTPONED ® ~ HEARD ~ -Cb . s~ ~^ ~~ ~r~r.~ ~;~ --~ ~r ~~ _~ {This page i~tentionallyleft hla~k} ~'r~r l 1" -.~ P ~-. { . o d ~ y 6 ~~ ~~~ ~~ ~. .._~ ,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT101V Meeting Date: 05/08/00 Regular item #: 4 Estimated Time: Page Number: Department: Engineering Presenter: Gregory Thompson Contact: Gregory Thompson .SUBJECT: Consideration of Approval ofi: Contract #99-0359 Budget Amendment for Engineering Services Mason's Inlet Project BRIEF SUMMARY: New Hanover County is currently involved in the process of obtaining all of the appropriate permits for the Mason's Inlet Project. The regulatory agencies responsible for issuing the permits have requested a significant amount of information as part of their review. Some of the ,information requested was not considered when the original project scope was identified for the County's Engineering subcontractor, Applied Technology and Management (ATM). As a result, an adjustment in the contract value for engineering services must be made in order to cover the additional work required by the regulatory review agencies. RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends that the requested budget amendment.for $100,000 be approved in order to .pay for the additional services performed by the Engineer. FUNDING SOURCE: 361-410-3610-7300-6000 ATTACHMENTS: a.~ baOU-31.wp REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S C TS AND R Recommend approval. . COMMISSIONERS' ACTIONS/COMMENTS• (r~~r~. ~ ~~ ~ ~.'~~~~Nf~15SI0N ',~P~Du PAD ~~;1a ! f~EJECTED~~„ ' RE)~40V~Q ~~'p -~, ~. POSTPONED ~ ~ _ ~tEARD ~ IG3 l ~;~ •rF F,,, S~~ p C7 NEW HANOVER COUNTY BOARD OF COMMfSSIONERS REQUEST FOR BOARD ACTION ~ ~ Meeting Date: 05108/00 Budgefi Amendra~ent i - DEPARTMENT: Masons Inlet Project/Room Occupancy Tax BUDGET AMENDMENT #: 2000-31 . ADJUSTMENT DEBIT .CREDIT .Transfer in from ROTS fund ~ $100,000 Capital Project Expense $100,000 Room Occupancy Tax Fund Appropriate Fund Balance $100,000 ~.~ Transfer to Capital Projects ~ ~ $100,000 ' EXPLANATION: To budget additional transfer from Room Occupancy Tax fund to the Masons ' Inlet Project. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners r ~ .. ~ r~ ~UI~ 1 ~- WiYt~l e~ ~ ..' ~ ' `ApPRO ED ~: '~REfEC7ED ' ® .~ i`'REMOVED ~ POSTPONED C! ,V~j,'~ `~ ax ~ BARD ~ i ~ ~ ~~~ , .. -:- .~ ® ~ NEW HANOVER COUNTY BOARD OF COMMLSSIONERS - ~ . REQUEST .FOR BOARD ACTION Meeting Date: 05/08/00 .Department: County Manager Presenter: Dave Weaver , Contact: Dave. Weaver SUBJECT: . Additional Item: Presentation of the Final Environmental Assessment {EA) for the Mason Inlet Relocation Project BRIEF SUMMARY: As discussed in the attached memo, the final EA has been completed and distributed to Federal and ~' State agencies for their review. A copy of the EA is available in the Board's office for review. ' RECOMMENDED MOTION AND. REQUESTED ACTIONS: The- Board is requested. to accept the final EA. FUNDING SOURCE: ~ _ - ' ATTACHMENTS: .., .. . ~ - APPROVED C/`' . ~ REIECTED p - . ` . _ ® REMOVED p POSTPONED d ... - MEARiJ ~J r ~~r~~'~ ,.~„ ,h +~~ ~M~ ~7 ~'; ~~ .. NEW HANOVER COUNTY INTER-OFFICE ,~ . , ME1V~0~ ~ ~ ... . April 28, 2000 .. TO: Board of County Commissioners FROM: Dave Weaver .~_ . ~. `I2E: ._,_ .1V1'a'soiis= In1et~Relocation Project.:... _. _ .._.. ..:,. ,,a.,.,... The final Environmental Assessment (EA) has been completed and submitted to the Corps of Engineers and other agencies for review. The final EA is basically similar. to the draft. EA, which was earlier available for review, except for the addition . of the Inlet Management Plan (appendix P) and an expanded analysis of alternatives (Section 4.0). A summary of the Inlet Management Plan was provided in an April . -14 memo to you. A copy of the final EA is available in the Board's office for your review {or for use as a tire chock). ~_ The -final EA also gives the following total project specific cost estimates -for , either a 3 year interval or a.5 year interval for maintenance dredging, over a 30 year project life. - ~ 3 Year Interval 5 Year Interval ° Initial construction costs $ 5,260,168 $ 5,260,168 Maintenance dredging costs* $18,014,786 $11,283,354 TOTAL* $23,274,954 $ L6,543,522 *Future maintenance dredging costs of $4,025,000 per instance were discounted to present value at 5%/year. The costs of taking no actions range from as low as $20.5 million if the Inlet closed within two years due to collapse of the resort hotel to as high as $237 million if the Inlet continues to migrate south. There would be significant environmental ` impacts and significant oceanfront shoreline adjustment if the Inlet closed. _ Please feel free to contact me if you have any questions or comments., Y cc: .Allen O'Neal Wanda Copley _ Greg Thompson . B NEW HANOVER COUNTY BOARD OF COMMISSIONERS ® REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Item #: Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver, Assistant County Manager Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: Draft Project Agreement with Corps of Engineers for Mason's Inlet Project. BRIEF SUMMARY: The Corps has requested that the County agree to pay project construction costs, as well as periodic maintenance for some extended period. ~ The proposed agreement uses a thirty (30) year term for future maintenance, which would be ur~dertaken about every three (3) or four (4) years, ssrr~r~. depending on inlet migration. ~f ~~%/ ~~. ~~~~ U%~ G~®meafv~•ers r~-rc ~~'~ .RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize staff to present draft agreement for Corps' consideration. FUNDING SOURCE: ® ATTACHMENTS: Yes. REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS• r~~~ ~Q~lRflliC~(~l~~~> .APPROVED C-°`'. REJECTED ~~ REMOVCR C; POSTi=O~'0~: B~~O „~~~~~Q ~~ ,.lbw af~:_. ~ /?-~, a - ~ ~. ... ,,,~s., ~~i .. . f' lj. 1-V:P'~r~ u~ ® DRAFT New Hanover County Contract #00-0380 PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND NEW HANOVER COUNTY, NORTH CAROLINA PERTAINING TO CONSTRUCTION OF THE MASON'S INLET RELOCATION PROJECT ,. THIS AGREEMENT is entered into this day of , 2000, by and between the DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS (hereinafter "Federal Government"), and NEW HANOVER COUNTY, North Carling (hereinafter the "Non-Federal Sponsor/Permittee"), represented by .its Board of County ® Commissioners. WITNESSETH, THAT: WHEREAS, construction of the Mason's Inlet Relocation Project is desirable to protect persons and property from ocean erosion and flooding; WHEREAS, the Federal Government and the Non-Federal Sponsor desire to enter into a Project Agreement pertaining to construction of the Mason's Inlet Project (hereinafter the "Project"); WHEREAS, the Federal Government and Non-Federal Sponsor/Permittee have the full authority and capability to perform as hereinafter set forth in accordance with the terms of this Agreement; . WHEREAS, the Federal Government does not desire to cost-share or otherwise ® finance the Mason's Inlet Relocation Project construction and maintenance, such that :. ~ .. ® DRAFT New Hanover County Contract #00-0380 the Non-Federal Sponsor/Permittee must bear all such costs and expenses. The Corps shall participate hereunder only as a permitting and regulatory entity, not as a co- participant furnishing funding or in-kind services. NOW, THEREFORE, the Federal Government and the Non-Federal Sponsor/Permittee agree as follows: ARTICLE I -DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: A. The term "Project" shall mean the Mason's Inlet Relocation Project more fully described as follows: (TO BE SUPPLIED BY ATM) B. The term "total project costs" shall mean all costs incurred by the Non- Federal Sponsor/Permittee in accordance with the terms of this Agreement directly related to construction of the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: continuing planning and engineering costs; advanced engineering and design costs; preconstruction engineering and design costs; engineering and design costs during construction; the costs of investigations to identify the existence and extent of hazardous substances; historic preservation activities; actual construction costs; supervision and administration costs; costs of contract dispute settlements DRAFT New Hanover County Contract #00-0380 or awards; the cost of acquisition of lands, easements, rights-of-way, relocations, and suitable borrow and dredged or excavated material disposal areas; Provided, however, no Corps of Engineers regulatory expenses incurred in permitting, supervision, or inspection shall be deemed project costs to be borne by Non-Federal Sponsor/Permittee. C. The term "fiscal year" shall mean one fiscal year of the Federal Government. The Federal Government fiscal year begins on October 1 and ends on September 30. ARTICLE II -OBLIGATIONS OF THE NON-FEDERAL SPONSOR/PERMITTEE The Non-Federal Sponsor/Permittee shall expeditiously construct-the Project pursuant to applicable, laws, regulations, and permits. 1, The Non-Federal Sponsor/Permittee shall afford the Federal Government the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Non-Federal Sponsor's/Permittee's issuance of such solicitations and contract awards. To the extent possible, the Non-Federal Sponsor/Permittee shall afford the Federal Government the opportunity to review and comment on all contract modifications, including change orders, prior to the issuance to the contractor of a Notice to Proceed. 2e In accordance with this Agreement, the Non-Federal DRAFT New Hanover County Contract #00-0380 Sponsor/Permittee shall provide all lands, easements, rights-of- way, and suitable borrow and dredged or excavated material disposal areas that are necessary and shall bear any and all other Project construction costs. ARTICLE III -DISPUTE RESOLUTION As a condition precedent to a party brining any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay fifty percent ® (50%) of any costs for the services provided by such a third party as such costs are incurred, The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE IV -OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND REHABILITATION (OMRR&R) A. Upon notification in accordance with the triggering conditions set forth in the attached Appendix of this Agreement and for a period of thirty (30) years following final inspection and acceptance by the Non-Federal Sponsor/Permittee, the Non-Federal Sponsor/Permittee shall operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project, at no cost to the Federal Government, in \.J 1 ~ ,..~ t - ,. , \/ a C DRAFT New Hanover County Contract #00-0380 a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws. B. The Non-Federal Sponsor/Permittee hereby gives the .Federal Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor/Permittee owns or controls for access to the Project for the purpose of inspection. If an inspection shows. that the Non-Federal Sponsor/Permittee for any reason is failing to perform. its obligations under this Agreement or relevant permit, the Federal Government shall send a written notice describing the non-performance to the Non-Federal Sponsor/Permittee together with a demand to cure any default within sixty (60) days following notification. ARTICLE V -NON-FEDERAL SPONSOR/PERMITTEE FUNDING The Non-Federal Sponsor/Permittee shall bear all project costs as authorized by the Agreement. The Non-Federal Sponsor/Permittee shall also pay all costs of project operation, maintenance, repair, replacement and rehabilitation as set forth herein for the designated thirty (30) year period. ARTICLE VI -FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor/Permittee and the Federal Government agree to comply with all applicable Federal and State laws and regulations. DRAFT New Hanover County Contract #00-0380 ARTICLE VII -RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Federal Government and the Non-Federal Sponsor/Permittee each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VIII -OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise -therefrom. ARTICLE IX -NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or by telegram or mailed by first-class, registered or certified mail, as follows: If to the Non-Federal Sponsor/Permittee: New Hanover County Engineering Department Attention: Greg Thompson, Chief Project Engineer 414 Chestnut Street, Room 101 Wilmington, NC 28401 if to the Federal Government: District Engineer U.S. Army Engineer District DRAFT New Hanover County Contract #00-0380 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand., or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven (7) calendar days after it is mailed. ARTICLE X -PROJECT MITIGATION AND MONITORING The Non-Federal Sponsor/Permittee shall perform monitoring of the Project and construct mitigation required by any permits. ARTICLE XI -PROJECT MODIFICATION OR TERMINATION By written mutual agreement of the parties hereto, together with appropriate amendment of any authorization permits, the Project scope, conditions, provisions, and/or duration may be modified or terminated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Assistant Secretary of the Army (Civil Works). NEW HANOVER COUNTY [SEAL] William A. Caster, Chairman Board of County Commissioners ATTEST: Clerk to the Board DRAFT New Hanover County Contract #00-0380 THE DEPARTMENT OF THE ARMY U.S. Corps of Engineers By: (Print Name and Title) This instrument has been pre- audited in the manner required by the Local Federal Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Manager, Allen O'Neal, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2000. Notary Public My commission expires: ~/ DRAFT New Hanover County Contract #00-0380 NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public in and for said State and County aforesaid, do certify that of the U.S. Army Corps of Engineers personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal this .day of , 2000. Notary Public My Commission Expires: ,® :~ ~J F ... .. __ q ~ ~i' Ik- ;, NEVU HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: 5 Estimated Time: Page Number: Department: Planning Presenter: Wanda Coston and Wyatt Blanchard Contact:' Wanda Coston SUBJECT: Public Hearing to Solicit Proposals for an Infrastructure Grant Application: Community Development Block Grant Program(CDBG). . BRIEF SUMMARY: The County is eligible to apply for a CDBG grant up to $850,000 from NC Department of Commerce Division of Community Assistance. These funds will be available through the infrastructure category of the CDBG Program. In order to meet the May 26,2000 deadline, a public hearing is required to solicit proposals and recommend projects that may be eligible for funding. Eligible proposals and/or projects will be targeted toward the elimination of on-site water and wastewater problems in residential neighborhoods. RECOMMENDED MOTION AND REQUESTED ACTIONS• Request that the Board of Commissioners conduct a public hearing in order to comply with the requirements for submission of the grant application. The hearing is also intended to assist the County in identifying. eligible target areas and making a financial commitment to the proposed project. FUNDING SOURCE: NC Dept. of Commerce ATTACHMENTS: Enclosed REVIEWED BY: LEGAL: FINANCE: BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Hold public hearing to solicit public comment. COMMISSIONERS' ACTIONS/COMMENTS: i • REJECTED Q REMOVED p POSTPONED ~ ~~ -~EARD ~ ~`,° t~OUNTY COMMI5~1 APPROVED ~,~ ''la ~.(~ V i?V Y1 i~`~ ]!~a Y(~ off.}""~ ~r~ ~'"'r J ~ : _ 10 ~~~ G~~ -~~~ ~. ~~ -a '~. _ .~'. NE1JV FIANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION - Meeting Date:. 05/08/00 Regular Item #: 6.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 1: Rezoning (Z-697, 03/00) BRIEF SUMMARY: Request by Joe Taylor, Attorney for Z-1 Commercial Properties, LLC to rezone 56.45 acres located due north of Monkey Junction and fronting on South College and Carolina Beach Roads from R-15 Residential to B-2 Highway Business and Conditional Use (B-2), (Z-697, 03/00) The Planning Board recommends partial approval with conditions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board unanimously voted to approve the Staff recommendation to only rezone the western . portion of-the-proper/;. _B_1_neighborhood___ business_to_the same depth as the adjacent B-1 district to the north. T _r f - _ ~ .. -~ FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS: rCOUNTY COMMI~,ION~ APPROVED ^ '' REJECTED ~ ^ REMOVED ^ - ~~ ~ ~ POSTPONED [~--~ '~~ HEARp ®- 11 CASE: Z-697, 3/00; APPLICANT: Z-1 Commercial Properties, LLC REQUEST: R-15 Residential to CD(B-2) Conditional Use Highway Business and B-2 Highway Business ACREAGE: 56.45 Acres LOCATION: North~of Monkey Junction fronting on both South College Road and Carolina Beach Road. LAND CLASS: Developed -The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are. already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Most of the land tivithin the City .of Wilmington is designated as developed, except for some Urban ..; Transition and Conservation areas. Density mag.exceed 2.5 units per acre within the, developed class, depending upon',local zoning regulations. NOTE: At the Planning Board meeting on March 2, 2000 the petitioner asked for a continuance in order to pursue a conditional use zoning as recommended in the staff summary: The petitioner has amended the request to'a conditional %tse zoning for Parcels 1-4 shown oti~the attacYieel Site Plan#l, which amounts to 40.9 acres. The rezoning request for the remaining parcels is for a straight B-2 Highway Business district. ' PLr~1iYNING BOARD RECOMMENDATION: (4/6/00) ~ -' The petitioner provided a detailed presentation about the proposed shopping center project. The presentation covered the information that the petitioner had presented during two previously held community meetings. The primary issues discussed were traffic, stormwater management, and permitted uses. Several people spoke in favor of the request and a few people warned about the traffic impacts. No one spoke in opposition to the request. The Planning Board voted on three different tnotions.concerning this petition. The planning. Board voted unanimously to approve the Conditional Use B-2 proposal with conditions. They also voted 3-1 on a second motion to approve lots 7-14 for B-2 Highway Business. And finally, the Planning Board voted 3-1 to deny the request to rezone lots5 and 6 to B-.2 Highway Business. The petitioner agreed to the 12 conditions recommended by staff. The petitioner also agreed to the Planning Board's recommendation to eliminate Hotels/Nlotels and Resort Hotels/Nlotels from the permitted use table for the entire Conditional Use area. The planning board also amended the permitted use table for Out-parcels 1 & 2 on College Road to be more restrictive. STAFF SUMMARY: # ,~~ ~T~hesubject~pt„gperttes are located adjacent and behind the existing commercta center at Monkey Jun~ction;t`ai~dstiavefrontage along both South College Road and Carolina Beach Road. The petitione $ is r~ec~~resting~a rezoning for this property in order to develop a multi.-use development-~withlapp~oxi~mately 444,000 square feet of retail, restaurant and office space. Although this tsFa^uety~Glarge sight to rezone for highway business, it is a logical location for a regional commercta) nod~e~,As this intersection continues to grow to an even larger center, ~, `:~~, }, , consideration must be given to the potential traffic impacts of this property and other commercial expansions nearby. It is also important to consider the relationship of this commercial expansion to the surrounding neighborhoods and to the Motts Creek watershed. The proposed development plan will have significant impacts on traffic along both College Road and Carolina Beach Road: The proposed plan indicates three entrances on Carolina Beach Road and two on South College Road. The primary entrance from South College Road is proposed with a traffic signal across from the library. The primary entrance from Carolina Beach road is proposed at the existing signalized entrance at Antoinette Drive. The applicant's traffic analysis report also indicates the addition of several right and left turn lanes on both College Road and Carolina Beach Road. The proposed development will intercept some traffic from the south going to other retail centers further north. Even with the road improvements being proposed to improve access to the site, it is expected that the retail center will generate additional traffic. The applicants traffic analysis indicates that the center will generate approximately 7,400 (14,800 enter/exit) additional primary trips to the site in a 24-hour period. The County NIPO thoroughfare plan proposes a . future grade separated improvement to the intersection at Monkey Junction. The additional trips generated by this development and possible future commercial development to the south and west may hasten the improvement of that intersection. Funds and participation by the major traffic generators would help offset the public cost. Since the property is located in the upper reaches of the Motts Creek watershed, stormwater management is another critical issue. Both water quantity and quality measures above the current required standards should be incorporated into the drainage design. A regional stormwater system would be a better solution. Historically, the county has discouraged continued commercial expansion north along College Road. Several recent exceptions were made for the 0&I districts south of Greenbriar Subdivision. However, this heavy commercial designation for 800 feet of frontage on South College Road would be a departure from past efforts to protect those residential developments. The County's comprehensive plan does recommend locating "regional commercial nodes at major intersections to accommodate uses that serve a regional market." Given the acreage of this property combined with the existing commercial uses ah-eady located at Monkey Junction this area will ultimately become the largest commercial center in the southern part of the county. The attached list of uses for the four proposed out-parcels along College Road should help transition the development into the adjacent institutional uses and nearby residential neighborhoods to the north.and east, A better solution to accomplish this transition is to change the orientation of the center to provide equal exposure on College and on Carolina Beach road. In considering the Conditional Use portion of this application, the internal workings of the site plan are critical to the success of the project. Staff has reviewed the site plan and all setbacks and buffers required in the ordinance can be met. In addition to the requirements of the zoning ordinance staff has several conditions to improve the proposed development; I) No additional curb cuts on College road should be permitted for the out-parcels. • 2) Improve existing service road running between College and Carolina Beach road fo collector road status (36' minimum) with added sidewalk. 3) Provide sidewalk along main entrance drive to allow for pedestrian circulation throughout the development. 4) Internal drive aisles should be aligned to decrease traffic conflicts. 5) Lighting should be directed internally to the project to protect adjacent residential areas. 6) Landscaping should be provided between the buildings and the drive aisles in accordance with the City standards for large scale retail developments. 7) Add landscape islands at ends of parking rows including those with handicap spaces. 13 8) Incorporate the existing Sneeden center into the design as much as possible through orientation and aligning drive, aisles and entrances to existing uses. ~ ~ 9) Several clusters of trees should be preserved in the northeast corner of the site: 10) Provide road stubs to all parcels included in this rezoning request and to the Weaver . property to the west. 11) The two out- parcels in the northeast corner should be limited to O&I uses to provide ,better transition to the neighborhood. 12)Large interior parking bays need to provide some drive aisle connections. Although the applicant has attempted to address all of the concerns raised.by staff in the.. previous staff summary, the site plan. submitted for the conditional use permit only represents half of the overall square footage ultimately proposed for the site. Staff recommends that the petition should be approved in phases. The first phase only to include those portions of the site submitted under the conditional use permit. The petitioner should return with a conditional use, site plan. for the remainder ofthe property at a later date. Case: Z-597, 03/00 -Special YJse Permit for a Conditional'Use B-2 Hightivay Business Zone Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is served. by County Sewer and Community Water B. The site is located in the Myrtle Grove VFD C. Access to the site is proposed in t<vo locations on Sotith College and in four locations on Carolina Beach Road. The applicant's traffic impact analysis proposes the addition of both right and left hand tarn lanes in several locations and proposes a signalized entrance on Sotith College Road across from the existing library site. 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 in accordance with section 59.7-3 of the zoning ordinance. B. All setbacks and buffer requirements can be met. y C. Based on the County maps no Conservation Resources have been identified. However, some pockets of 404 wetlands do exist and will need to be inspected by the Army Corps of Engineers. D. Not all of the significant trees have been located on site. Although much of the site was disturbed by the old softball fields, the County aerial photograph indicates that most of the significant vegetation exists on the eastern parcels of the site. 3. The Board must find tha# the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Surrounding land itse and zoning is a combination of residential, commercial; and institutional. South of the site at the intersection of South College and Carolina Beach Road is a B-2 Highway business district. There is an R-15 residential district abutting the northern property line and the western property line. There is an existing church in the R-15 zone abutting the northern boundary. B. Across South College Road to the east there is the Greenbriar subdivision to the north, a doctors office directly across, the Myrtle Grove branch of the New Hanover Count}' Library is south of the doctors office. Going further south, the office and institutional uses along the. east side of College Road give way to a B-2 Highway business district at the intersection. C. Across Carolina Beach Road from the subject site is a $-2 Highway Business district occupied by several different retail stores. Adjacent to the B-2 district is a R-10 residential district occupied by the Royal Palms mobile home park. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved tivill be in harmony with the area in which it is to be located and in general conformity with the plan of development for New fianover County-. A. The County's comprehensive plan recommends locating "regional commercial nodes at major intersections to accommodate uses that serve a regional market." B. A commercial node in this location would intercept traffic from the south going to other retail centers further north and vvould also attract some traffic from the northern parts of the County. PE]E~IITTE~ USES (For Out-Parcels 1 ~& 2) Agriculture, Forestry, Fishing Kennels (Pet Grooming) Veterinaries> Transportation, Communication, Utilities Post Offices - Retail Trade Apparel & Accessory Store `. Building Materials & Garden Supplies Sit-down Restaurant on Out-Parcel 2 Only Furniture, Home Furnishing & Equipment Handcrafting Small Articles Hardware Miscellaneous Retail Financing; Insurance, Real Estate _ Banks,,Credit Agencies, Savings & Loans. .. Services •. , Business Services Including Printing Electrical Repair Shop J Equipment Rental & Leasing (No Outdoor Storage Areas) Membership Sports & Recreation Clubs Personal Services . Watch, Clock, Jewelry Repair Barber/Beauty Shop - Educational Services Libraries ` Museums ®ther ,. Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building Government Offices. & Buildings , , ' Offices for Private Business & Professional Activities Christmas Tree Sales Pumpkin Sales . Special Fund Raising. for Non-Profit Organizations . Evangelistic and Religious Assemblies not conducted at a.Church . ~ i S~ QT POs51 b~e. ~Se 5 ~or F~Ifire Cond~f~onal CLSc°_ }}sect, _ _ EASTWiND ENGINEERING COMPANY, LLP Civil Engineering 1929-G Oieander Drive Land Planning ~ Wilmington, North Carolina 28403 (910) 342-9144 Fax: (910) 342-9141 March 17;.2000 New Hanover County - Monkey Junotion The following are permitted uses within B-2 Zoning Districts Agriculture, Forestry, Fishing Kennels (Pet Grooming) . Veterinaries Nfining None • Construction Nane Manufacturing None Transportation, Communication, .Utilities Mini-Warehouses Post Offices Water Transportation Facilities Other Communication Facilities including towers (Special Use Permit) Antenna and towers less than 70-feet in height and ancillary to the principal use Wholesale Trade None Retail Trade Apparel & Accessory Store Building Materials & Garden Supplies Convenience Food Store (Eliminate from Out parcels on College Road) Drug Store Eating and Drinking Places Food Stores Furniture, Home Furnishing & Equipment General .Merchandise Stores Handcrafting Small Articles Hardware Miscellaneous Retail 17 Financing, ]nsuran,ce, Real Estate Banks, Credit Agencies; Savings & Loans ~ Services Business Services Including .Printing , Dry Cleaning (Drop-Off Only) ~ s Electrical Repair Shop Equipment Rental &-_Leasing (No Outdoor Storage Areas) , .- , Indoor & Outdoor Recreation Establishments, Commercia4ly Operated Indoor Theater Membership Sports & Recreation Clubs Personal Services Watch,. Clock, Jewelry Repair Barber/Beauty Shop Health None ~~. Educational Services _, Libraries Museums ~ - Membership Organizati®ns - Churches -Lodges, ,Fraternal & Soc.ial~ Organizations except Residential , Fraternities/Sororities, Residential Other - Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Building Circuses, Carnivals, Fairs & Side Shows of no more than 30-days Duration per Year Government Offices & Buildings , Offices for Private Business & Professional Activities , Principal Use Sign Temporary Sign Outdoor Bazaars excluding Yard Sales Christmas Tree Sales Pumpkin Sales - , 1 $ ` Special Fund Raising for Non-Profit Organizations Evangelistic and Religious Assemblies not conducted.at a Church Z-697,03/00 Petition Summary Data Owner/Petitioner: Joseph Taylor for Z-1 Commercial Properties, LLC Existing Land Use: Vacant /Residential Zoning History: October.l5, 1969 ~ April 7, 1971 ' Water Type: Community Server Type: County Recreation Area: Myrtle Grove Middle Access and Traffic Volume; S. College 19,100 Carolina Beach 15,800 Fire District: Myrtle Grove Watershed and Water OuaIit~~ Classification: Motts C(SW) Aquifer Recharge Area: Primary Conservation /Historic/Archaeologic Resources• None Soils: Leon (ClasslIl} DuildinQ Suitability: Limited Schools: Roe • 19 {This page intentionally left blank} ~: 20~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: 6.2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 2: Special Use Permit (S-457, 04/00) BRIEF SUMMARY: Request by Loren Dickey for Southern Lifestyles to permit a Community Boating Facility in the Windy Hills development located near the 6000 block of Myrtle Grove Road. (S-457, 04100) The Planning Board recommends approval. .RECOMMENDED MOTION AND REQUESTED ACTIONS: Ultimately the Planning Board unanimously voted to approved the plan as submitted. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOIVIMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS: ~ ~ ~~y~~-~u-~ cv~p~CL,ac,.~.. c~~-e. ? ~Q;OUiV1Y COMMI~I¢~~ C APPROVED ~ REJECTED OVED ~ POSTPONED _~ HEARD ~~ d r~ s~~. _. f+i~ <~ - 21 Case: 5-457, 04/00 -Special Use Permit for a Community Boating Facility (9 Slips) PLANNING BOAD RECOMMENDATION: (4/6/00) ~ ~ . '~-J Some residents of Windy Hills Subdivision asked the deve;loper questions about the project, but did not state any opposition to the Special Use Permit Request. There was considerable discussion about the policies in the Land Use Plan concerning marinas. CAMA's definition and regulation of marinas and • the County's definition of marina's vary. Ultimately the Planning Board unanimously voted to approve the plan as submitted. ,: ; 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 accordingto•the-plan as submitted and approved. A. The subject .property is served by private well and septic. B. The site is located in the Myrtle Grove VFD C. Access to the facility will be conferred to the residents of the subdivision. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The subject property is zoned R-1~ and the land classification is Conservation. Community boating facilities are permitted by special use permit in the R-15 zone. B. The zoning ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds; and conservation resources. ! C. Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D. The number of boat slips must not exceed the number of residential lots or dwelling units within the ~ associated development: E. The right to use the facility must be conferred by an easement appurtenant to the residential'project.it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be strictly prohibited. 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 surrounding land use is residential: The surrounding zoning is R=15. B. Other private residential piers are located in the vicinity. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." A. New Hanover County land use policies encourage the consolidation of riparian access. This community boating facility will only serve the 9 lots that do not have water access, therefore r~ ,.,,.r encourag~rng,~the~tde~e~lop~ ~e~nof individual piers for the other 9 waterfront lots. B. County policies,~state~~l~,a~ttl~e~~evelopment of marinas should be allowed as a means of providing public access pro vid~e~~h~e~,y~,d~o~ not adversely affect estuarine resources or public trust waters, they shall not be allo~wed~n~p~r-,~iim~ay nursery areas, SA or ORW waters, high ground facilities are acceptable. ~'f#~'[` 22 Staff Comments: ~~ ~„ ~~=i1~ 1. To be consistent with the comprehensive plan the community boating facility should not eYCeed 4 .slips. • • Case: 5-457, 04100 Petition Summary Data Owner~Petitioner: Loren Dickey for Southern Lifestyles Existing Land Use: Vacant Zonin History: April 7, 1971 Water Type: Well Sewer Ty~e: Septic Recreation Area: Myrtle Grove Access cei Traffic Volume: 5700 Piner & Myrtle Grove Fire District: Myrtle Grove Watershed & Water Quality Classification: Whiskey Creek nearby SA A uifer Recharge Area: Shallow Conservation/Historic/Archaeologic Resources: Salt Marsh Soils: Netivhan Fine Sand Building Suitability: Class I Suitable Schools: Bellamy Elementary 23 ~~ February 28, 2000 Answers to General Requirements for a Special Use Permit. General Requirement #2 This proposed facility will tie constructed to current established engineering requirements and will be designed by an engineer. This facility will be in compliance with all CAivi.4 requirements and will be located within the established riparian corridor as indicated on the attached plan. There will be no gas dispensed and all boats will be 30 feet in length or less. Each boat owner will be required to dispose of any waist at a facility, which has been permitted for such discharge. General Requirement #2 . . This project will have minimum impact on the environment since rio dredging will be necessary. It will also allow people to not have to trailer their boats off of the existing beach since they will be able to keep their boat in a slip. The pier will be constructed in such a way that will allow for the continued growth of wetland species of grasses. We will not need any off street parking since, the future owners of the lips will be less than 1100 f€. away from the facility allowing easy access. Please review surveyed drawing showing proper easement appurtenant to the residential project as it is intended to serve. There will be no commercial activities associated with this project. General Requirement #3 The construction of a community boating facility is consistent with the general use of land abutting the Intracoastal Waterway. This facility will be constructed with lovv visibility and is consistent with existing structures within this area. We will not be compromising environmeritallywnsitive areas that will prohibit adjacent owners from the use and enjoyment of their riparian corridors. This use will allow interior properties to keep a boat in the water thus adding value to their property. General Requirement #4 We feel that this plan is in harmony with the surrounding area. We have dedicated a perfectly good waterfront lot so the owners within the community will be able to enjoy the public trust waters of the Myrtle Grove Sound. Back when this. properly was originally subdivided in 1959 there was also a working canal located within the thirty foot canal easement originally providing water access to interior lots within the community. This canal has since been allowed to silt in. We would like the opportunity to submit this proposal for a community docking facility to keep with the original character or intent of the community as it was originally developed'.' ~ - ~ Date 3/1/00 Lore' Dickey 24 Windy Hills Intracoastal Waterwa O m m 0 (~J m m 4 s ~~~- Guide Pilings _tFest~;les !s Project horine Construc[ton. LLC K 365 28492 36 25 ,as• 0•~ S/8 tn. galvanic i/2 In. ya;vanlz Pier Construction ~.. ~ ~~, x 6 1'n. CCA .4a trented decktr,g ~. ;; o ln. CCA .4e1 treated stringers n, x 8 tn. CCA .40 treated girders n. x 6 in. CCA 2.5 treated crossbrectrn; n. round CCA 2.5 treated pilings tset but[ end down) ant pecks around base of ptllnys Uestgno_d By: Edgevoter Marina Consr_ru_cton t_LC Address: P.O. Box 365 Wllmtngton, MC ;_'$Q~J! Fhane: (910) 443-I10o 26 • ^~ •---~ .~ Z v .~ 1 +-~ 0 U ~-- . +~ ~--+ Q ~n 0 /~ U ,~ ) U I U1 Q m ~ ~ ^ L1.. (' C :-) c~ r ~ m \ ~ ~ ~ ~ -~-( J a 0 c U J J C 0 U L il N N il C O1 U O Vl U ~ ""~ i+ 0 N N NLC LD N Q_ -~ Q i u. L CO N C1 N (D J^E ~ (~ ~- C - L Z - LS Nl() ~ ~ ilcu •m .~aomF~ .~v s oQ ~C~x~ 0^G~Oo~^ Cn3'DQ7 Cm w • E J7 O-_-- 0 7,0. 3 LL. m ~. 'Ll 'O •~ C N O N 0 C C N ,C cn c. @ u L Ci N N'O N N'O N G ~q ~ CO 0 d c ~1 !~ O Main Dock 'Frame-Construction :and Connection ` Z in. x $ tn. Framing N -a 2 tn. x 6 tn. Brnctng to ~ kecP frames squnre 0 .o v G tl A c N X G N 61 .n ~ n ~ 1 ~ / 3 1n. x S tn, nngle brackets to frame corners ~ :.hru bolted through bnnd'oonrds end frames 0 co \ 1/2" thru bolts / aPProx. 4 fC. aRart 8' .0'• 28 Sco rderd 6 ie. ~ 32 fe. ~loaei Caek axe~on Gesl9red 6V: EdOe~a cer Merl ne~onsc rucclon. LLC 0.dd russ: P.O. Bax 3b5 Mllminp COn. PC 28~t2 - TelaeMne: 15101 c33-IIOc ~~ 0 F irg er Dock Frame Conscructton and Connecr.ton p~ D P c c m 6 V~ 4. 6" 1n. x 6 gyn. brpclnp ca , 30o framoa ~q„nra 5 In. onp la brac~.acc 1~ frnma c rc talt:tl Chr puph bonacw rtlc orb irnmasrJ I/? In, nhru baits o ppro~s. 4 fc. not rc 29 2 ln. x B In. Frnmt np U1ind~ Hi 1 is Floatation•La~out Designed For: Southern LlFestyles Wlndv HMIs Project Oas~gnad By: Edgevatar Marna Construction, LLC Address: F.O. Box :ib5 WllmingCOn, NC 28402 Telec~hona: (BIDI 4.19-1160 Standard Handrail System FRONT VIEW 16' 0" cP m 2"x6" post leg ~: SIDE VIEW "xB" cop ra1l 2" Anndtzed Aluminum Tubing - 4"x4" post 2"x6" post leg ~ 2"x4" foot extended deck board Designed By: Edgewater Marine Construction, LLC Address: P.O. Qox 365 Uli Imtngtc~n, IVI. 2fS4FJ% Phone : (S i Ei) 443- i 1 Et6 {This page intentionally left blank} 32 NEW HANOVER COUNTY BOAR® OF COMMfSS10NERS REQUEST FOR BOARD ACTION Meeting Date: 05/08100 Regular Item #: 6.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT; Item 3: Rezoning (Z-699, 04100) BRIEF SUMMARY: Request by Wayne Carswell for Tommy Davis Construction to rezone 2.78 acres located in the 300 block of Greenville Avenue adjacent to Wrightsville Green development from R-15 Residential to R-10 Residential. (Z-699, 04/00) The Planning Board recommends approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board unanimously voted to approve the rezoning. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: APPROVED REJECTED ~ REMOVED . POSTPONED D NEARf) CASE: Z-699; 4100; ' 'APPLICANT: Tommy Davis Construction ~~ REQUEST: R-15 Residential'to R-10 Re"sideritial ACREAGE: 2.78 Acres LOCATION: East side of Greenville Avenue south of Wrightsville Avenue: ~' LAND CLASS: Developed with some Conservation -The purpose of the Developed class is ~' to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units. per square mile. Urban services are already in place or scheduled, within the immediate future. Most of the land within the City of Wilmington is designated as developed, except for some Urban Transition and Conservation areas. Density may exceed 2.5 units per acre within the developed class, depending upon local:zoning regulations.. ~ , .. .;, , . - PLANNING BOARD RECOMMENDATION:, (4/6/00) ~. The petitioner presented the request. Some neighbors asked what;exaetly the difference between R-1 ~ and R-10 is and presented concerns about runoff; drainage and the adjoining ', wetlands. The Planning Board unanimously voted to approve the rezoning. STAFF SUMMARY: The petitioner is requesting a rezoning from R-15 residential to R-10 residential.~'+ Although the surrounding zoning is primarily R-15 residential, this is a unique location with several different patterns of residential development. A small B-1 Neighborhood Business zone is located at the intersection of Wrightsville Avenue and Greenville Avenue. Wrightsville Green a'' high density project developed in 1987 is directly adjacent to the subject site. The density in Wrightsville Green is approximately 4.5 units per acre with an average lot size of approximately 5,000 square feet. There are other parcels in the.area that have been developed with small single family homes and duplexes. There is-also another R-10 zoniria district just east`arid on tlae same side of the street as the subject property. y Since the adjacent Wrightsville Green project was developed,ahe performance criteria,for high density development has changed making the subject site ineligible fora similar density. If ' rezoned, the subject property can be developed at a density of 33 units per acre. With an average lot size of 10,000 square feet 9 single family homes could be built. Another option would allow the construction of duplexes having a lot size of 15,000 square feet per duplex. Based on the , surrounding development patterns and the high density project adjacent to the site it appears that the petitioners. request for R-10 zoning is appropriate. Staff Recommends Approval. ~~ ~~~~~ ~~~ ~~9~~1~~~I ~~ ~~~~~~ &vf R.~~B~iE`"~ . _~..: 34 ~ ~_ -. . ~~~.; Case: Z-699, 04/00 Petition Summary Data Owner/Petitioner: Wayne Carswell. for Tommy Davis Construction Existm~ Land Use: Residential ' Zoning History: July 1, 1972 ' Water Ty~e: Community Sewer Type: County ' Recreation Area: Bradley Creek School Park Access & Traffic Volume: 11,200 Wrightsville Ave: Fire District: Seagate _ Watershed & Water Quality Classification: Bradley Creek (SC) Aquifer Recharge Area: Primary recharge Conservation/Historic/Archaeologic Resources: None (Marsh setback) Soils: Baymeade fine sand, Kenansville fine sand Building Suitability: Class II moderate, Class I Suitable ~_ Schools: Bradley Creek Elementary 3 5 {This page intentionally left blank} 3'6~~ ;~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: 6.4 Estimated Time: ,Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 4: Rezoning(Z-700, 04/00) BRIEF SUMMARY: Request by David Byrd to rezone 0.9 acres located in the 2400 block of Castle Hayne Road, From R-20 Residential to B-2 Highway Business. (Z-700, 04/00) The Planning Board recommends approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board unanimously voted to approve the request. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONSlCOMMENTS: ~OUNN COMNi15S :€ APPROVED ice' REJECTED ^ REMOVED ^ POSTPONED HEARD ~. ~ ~ ~ ~ CASE: Z-700, 4/00; APPLICANT: David Byrd REQUEST: R-20 Residential to B-2 Highway Business ACREAGE: 0.9 Acres LOCATION: 2403 Castle Hayne Road LAND 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 urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency- iu land utilization and public service 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: (4/6/00) The petitioner presented the request and one neighbor stood up in support of the petition. There was no one in opposition to the request. The planning Board unanimously voted to approve the request. STAFF SUMMARY: The petitioner is requesting a rezoning from R-20 Residential to B-2 Highway Business. The request is essentially a 200-foot extension of the existing B-2' zone, making the depth of the B-2 zone approximately 530 feet. Historically the policy for commercial zoning along arterials has been to limit the depth to 300 to 400 feet from the right of tivay. Given that the surrounding zoning and land uses are a combination of residential, commercial and office and institutional,. and given that the B-2 zone to the north of the subject property runs to a depth of approximately 650 feet, Staff recommends approval.. ,~ :"t„ ~ ~tU,~1~ i{u~d~S) 1:~ : ~ ~'~B,e~J 4 ..t:::'ia 3~ ~~~1~ L~ ~. 3 8 - ..,:~~ ~u :E . ~~.~~~ • C Case: Z-700, 04/00 Petition Summary Data Owner/Petitioner: David Byrd Existing Land Use: Vacant Zoning History: July 1, 1974 Water Type: Well Sewer Type: Septic Recreation Area: Cape Fear Optimist Park Access & Traffic Volume: 1,600 Fire District: Wrightsboro Watershed & Water Quality Classification: Ness Creek C(SW) Aquifer Reeharee Area: Secondary Recharge Area Conservation/Historic/Archaeologic Resources None Soils: Lynchburg fine sand, Wrightsboro fine sandy loam Building Suitability: Class II, Class III Schools: Johnson Elementary 39 /~ ~~ {This page intentlonall,~ left blank} 40 ~ , . . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Regular Item #: 6.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 5: Special. Use Permit (S-329, 03/91.& 04/00) BRIEF SUMMARY: Request by UNC-Wilmington to modify a Special Use Permit for a Marine Research and Educational Facility located in the 5000 block of Masonboro Loop Road. (S-329, 03/91 & 04/00) The Planning .Board recommends approval with conditions. RECOMMENDED MOTION AND REQUESTED ACTIONS• Ina 4-0 vote, the Planning Board recommended approval of the petitioner's revised special use application and site plan design. FUNDING SOURCE: ATTACH MENTS: REVIEWED BY: LEGAL: .FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: i rCOUNTY COMMISSION~~- APPROVED C' REJECTED ^ REMOVED ^ u~,~ ~~ ~~ Zccc ~- POSTPONED C~ ~ HEARD Si Q ~ 1 i nl~e~51~66t~.co~f ! r~~~. ~-~~c~~mewt~ ~ ~ Li~4~~l~,a's i ~ v'~:......~ s C°rn-rc~inr~S : o /lle~'S~ ~~~'ZLS ., F~,~:P,.~ ,nc(~~t~q ~ ~ ~'~ ~ufu.;°~' ~lCLwi ..F1vrr~-E-l~ivd2c~ ~~i7~'u:(~C~h m Incvzus~cl rr~,.~b~:~i~IPir~~, Plw,-; SPECIAL USE PERtVIIT 5-329; 03/91, 04/00 (Revised); Applicant: Univ. North Carolina at Wilmington Type Use: Marine Research & Educational Facility Location: 5000 Block Masanboro Loop Road, East Side Planning Board Recommendation (April b, 2000 Meeting} Ina 4-0 vote, the Planning Board recommended approval of the petitioner's revised special use application and site plan design. The Planning Board also recommended that every effort be made to mitigate the noise pollution to adjoining residential property and adhere to the County's 1\Toise Regulations. Several residents who live nearby voiced concern about the noise coming from the heating/cooling system and suggested that the revised. application not be approved until the issue'has been resolved. " Marine Research Facility history The University of North Carolina at Wilmington received a special use permit for a Marine Research and Educational Facility by the Board of County Commissioners in April, 1991. At that time, the site plan consisted of 18,12 cumlative square feet of construction. Specifically, a three winged building (7,500 square feet), an ocean support building (5,625 square feet), a shellfish sanitation building (2,500 square feet), and meteorology building (2,500 square feet). A copy of the original special use permit is attached. Construction on the project is almost complete. During construction of the facility, significant "' modifications were made prompting a revision to the original special use permit issued. Modifications from the original plan include the following. Original Permit Total Sq. Ft. Structures 18,12 Parking General Area Specified e t a ks n Buffering/S b c' &I Setbacks Applied 0 ' pp q(( 1pp~~ yyyy ~j J g ~~~ p[j} (~~J~ 1 ~}~~ ~ +~R' ~ti ~ K~ q( ry'n -yp~S ~ i 1: R• ~~W~,~ (~,n Revised Permit 82,880 121 Spaces Displayed Site Plan 50' Natural Buffer Along Prop. Lines ® SUP- 329, 04/00 (cont'd) 2, Preliminary Staff Findings (Updated March, 2000) 1. The Board must find that the use tivill not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. Sewer service is provided by-New Hanover County. Water service is provided by the City of Wilmington. B. The project has direct access from Masonboro Loop Road. Masonboro Loop Road is a NCDOT State Maintained Road. C. The project will be served by the Myrtle Grove VFD. D. Minimal site clearing has been completed. Of the 52 acres that exist on site, more than 40 acres will remain undisturbed. E. A 50 foot buffer of natural vegetation will exist along the property lines. F: The eastern portion of the site lies within the. 100 year flood zone. The buildings are not " located within this area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning ®rdinance. ' , A. The Marine Research and Educational Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Science. Colleges, Universities, and related uses are permitted by special use in the R-15 Residential Zoning District. B. Approximately 82,880 cumulative square feet of building floor area has been constructed. The project consists of a three winged main building of one and two stories in height containing a research area (74,200 square feet of habitable space & 7;000 square feet for mechanical penthouse. ), a proposed University Police Gatehouse (480 square feet), and an Estuarine Research Station (1,200 square feet). C.' Parking will be provided in accordance with Section 81 of the County's Zoning Regulations. D. All setbacks and buffer yard requirements will be in accordance with Section 69.11" of the County's Zoning Regulations for O&I uses. E. A pier and dock facility are already located on the site in accordance with County regulations. 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. Land adjacent and north of the facility is vacant. The property is now or formally owned.by the North Carolina Luthern Retirement Center. Land adjacent and south of the site contains a few residential homes at low density. B. Significant development is located west of the project area. 43 SUP-329, 0~/00 (cont'd) 3. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Ne`v Hanover County. A. As stated, the project will consist of 82,880 square feet. - B. Areas adjacent to the Intracoastal Waterway will be left undisturbed. C. The 1999 New Hanover Land Classification Plan identifies this area as Resource Protection. This classification provides for the preservation and protection of important nattiiral, historic; scenic, wildlife, and recreational resources. Compatible commercial and industrial development- may be located within this class as long as important resources are not adversely impacted. Staff Comments - All .other previous conditions from the 1991 special use approval will remain. - On-site.signage will be limited to ,one ground sign not to exceed six feet in height and 32 square feet in area. ~. 44 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT Marine Research and Education Facilities The County'Commissioners for New.Hanover County having held a public hearing on April 1, 1991 to consider application number 5-329, 3/91 submitted by the University of North Carolina at Wilmington, a request for a Special Use Permit ,to use the property located on the east side of Masonboro Loop•Road, and having heard all 'the evidence and arguments presented at the hearing, makes the following FINDINGS OF FP.CT and draws the following CONCLUSIONS:. 1. The County Commissioners FIND as a FACT that all of the specific requirements set f orth in Section 72 of the County Zoning Ordinance will be satisfied if the ,property is developed in accordance with the plans submitted to the County Commissioners . 2. It is the County Commissioners' CONCLUSION thet the proposed use does satisfy the first general requirement listed in the Ordinance; r:amely that the use will not materially endanger the public health o_r safety if located where. proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Minimal site clearing is proposed and the proportion of paving .for drives and of re~a buildings to the overall tract acreage 'is very low. B. eater and se~~~er services are likely to be provided from off-site sources. Sewer may be supplemented by an on-site treatment plant if necessary. C. This site has direct access to Masonboro Loop Road. D. -~- This s ~ to is located within the f~iyrtle Grove VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the ,Ordinance; namely that the use rneets all required conditions and specifications. In support of this conclusion, the Commissioners make the fo1_lo~aing FINDINGS OF FACT: A. The proposed Marine Research and Education Facility will be operated by the University of North Carolina at wilington's Center for. Marine Science Research. Colleges, Universities and related uses are permit by Special Use Permit in the R-15 Residential Distri~ I B. Approximately 18,125 `cumulative square feet of construction (buildings) is proposed. This would consist of a three-winged main building (7,500 square feet}, an ocean support building (5;625 square feet) a •shellfish sanitation building (2,500 square feet} and a meteorology building (2,500 square feet). C. An area of street parking is indicated on the :site plan around the main building (Bldg. A). The number of spaces is_not specified. No parking areas are shown around buildings C, D, and E. More detail:'ed parking and landscaping plans will be needed.: 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the.value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:. A. Land bordering on the north is vacant. This .land is owned by the N.C. Lutheran Retirement Center. Land to .the south is either vacant or developed at a very low residential density. Further south is a large tract that is used for residential purposes and the ;growth and sale of Christmas trees. B. Significant residential development is located to the west across Masonboro Loop Road. 5. It is the County Commissioner s_' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely 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 ~~aith the plan of development for New Hanover County. In support of this conclusion, the Commissioners make 'the following FINDINGS OF FACT: A. "'The proposed development would consist of 18,000+ square feet on fifty acres. • B. The site plan indicates that significant natural area .~ would remain undisturbed. 6. Therefore, because the County Co~r~missioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERyIIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT b e GRANTED,. subject to the following conditions: . A. That the applicant shall •fully comply with all of the 4 ~ specific requirements stated in the ordinance for the proposed use., as well as any additional conditions hereinafter stated. B. If, any of the conditions imposed by this special use permit sYiall be held invalid beyond the authority of this•••Board of Commissioners by a court of competent '• jurisdiction then this permit shall become void and of no effect. C . Other 1. All.other Federal, applicable. 2. On-site signage be to exceed six feet area. 3. Setbacks mandated Section 69-11 be a Sate and local laws• limited to one ground sign not in height and 32 square feet in for O-I uses as specified in plied. Ordered thi ~ 1 ~t Slav of A2-~ri 1 1 ~1A1 At-test: jerk to the Board Fr d Retchin, Cnairman 4/ Petition Summary Data 5-329, 03/91, 04100 (Revised) .Marine Research & Education Facility Owner/Petitioner: University of North Carolina at Wilmington Existing Land Use: Marine Research Facility Zonin; History: Area originally zoned in December, 1969 Water Type: City of Wilmington Sewer Type: New Hanover County Recreation Area: Arrowhead Park Access and Traffic Volume: 8.500 AiDT ('97 count) So. End of Masonboro Loop Rd. Fire District: Myrtle Grove VFD !, Watershed and Water Quality: Masonboro Sound (SA) Aquifer. Recharge Area: Lays on perimeter of primary recharge area Conservation/Historic/Archaeologic Resources: None Soils: Torhunta (Class III) predominate soil Building Suitabilitti°: Marginal Schools: Myrtle Grove Middle 48 ® NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05!08/00 Regular Item #: 6.6 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 6: Special Use Permit (S-458, 04/00) BRIEF SUMMARY: Request by Sea-Comm, Inc. for Parks Downing to permit a radio tower located in the 1900 block of Plantation Road, Greenview Ranches development. (S-458, 04/00) The Planning Board recommends approval RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended that the petitioner's application be approved (4-0) as submitted. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: .HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rCjOulY (i I~OfY11Y1~JJl ~vG[6a~, APPROVED REJECTED ^ REMOVED ^ POSTPONED HEARD d ~~~~ r%g1.~ 49 -- ~~, ~r~~ SPECIAL USE PERMIT 5-458, 04/00; Applicant: Sea-Comm, Inc. for Parks Downing, Jr. Type Use: Transmission Tower (350 feet) Location: Greenview Ranches Development (northeast of Ogden) Planning Board Recommendation (Apri16, 2000 Meeting) The Planning Board recommended that the petitioner's application be approved (4-0) as' submitted. One nearby resident of Greenview Ranches opposed to the request was concerned about access from Market Street to the tower site. Presently, there is an unimproved road that runs through her property.to the site. Several letters/phone calls were also received by staff from nearby property .owners voicing concern about the tower. The petitioner agreed to limit the night lighting to soft red vs a strob light. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located tivhere proposed and developed according to the plan as submitted and approved. ` A. No restroom facilities will exist on site as proposed. The area is served by individual wells and septic systems. B. The proposed site has direct access from Plantation Road. Plantation Road contains a 60 foot right of way and is unimproved. The road is not on NCDOT's Highway Maintenance System. C. The Greenview Ranches area is served by the Ogden VFD. . D. According to the County's Zoning District Map, this property is~ not located within the 100 year flood zone. E. The area where the tower is proposed is not heavily wooded: The closest residential home is 1,000 feet away. F. Guide wires supporting the tower will be fenced. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property-where the tower is located~is zoned R-15 Residential. Transmission towers are p.ernzitted byl~sp~ ~al~} ~ ~e~,permit only. B. No County-consyer~f~~~o~~n~ r historical resources are located on site. C. The Wilmington B~yM.p~a~s ~ lso known as the Northern Outer Loop does not encroach into the proposed site. ~~,~~~,~~~ D. The proposed~use~w~l~l• m accordance with Section 69.17 of the County's Zoning 5 ® Regulations, Telecommtmication Facilities, Cellular and Related Towers. E. The transmission.tower;~s proposed to be 350 feet. SU - P 458, 04/00 (cont'd) 2, 3. The Board must find that fhe use will not substantially injure the value of adjoining property or that the use is a public necessity. A. Similar type cellular facilities exist in residential neighborhoods throughout New Hanover.. County. y B. No evidence has been presented that this tower will decrease property values or exist as a health hazard to residents that may live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Land Classification Plan identifies this area as Rural.This land class provides for areas of low intensity use such as agriculture, forest management and other agrarian type uses. Commercial and industrial type uses may be allowed provided that natural resouces are not adversely affected. B. As stated, tower facilities in residential zoning districts exist throughout New Hanover County. y Staff Comments - The approval of this special use permit will replace the permit issued by the County to Ms. Martha Lee (5-429) in May, 1.998 for a nearby facility 500 feet in height. 51 Date: March 9, 2000 . From: Paul I{night - VP /Gen. Mgr. To: New Hanover County Planning Ref: Special Use Permit for Radio Tower This Special Use Permit Application is being submitted'so that a F.M. Broadcasting and Telecommunications Radio Tower can be constructed on a parcel of land zoned-R-15. History The history of this project starts with Martha Lee ~vho was granted a Construction Permit from the Federal Communications Commission (FCC) to construct a F.M. broadcast station. The transmitter site is very restricted where it can be built due to the way F.M. stations are spaced from each other. Martha Lee located a parcel of land located just west of Hwy 17 at Porter's Neck Road. She applied with New Hanover County and received a Special Use Permit to build a 500' Radio Tower on that site. This site became an issue with the North Carolina Department of Transportation (NCDOT) who would be building the Hwy 17 bypass across Martha Lee's land. Ms. Lee decided that it was best to sell the FCC Construction Permit and Sea-Comm, Inc. has entered into a contract to purchase it. Sea-Comm, Inc. met with the NCDOT to discuss access to the site and the reduirements that the NCDOT placed on the project financially killed it. Anew location had to be found to make the project work. The site located on the Special Use Permit application filed by Sea-Comm, Inc. proves to be the best location. If approved, the Martha Lee site and Special Use Permit for her site will be abandoned. Proposed Site The proposed site is located in a heavily wooded area approximately 2800 feet southwest of the Martha Lee site. This area is zoned R-15 and would allow the construction of a radio tower facility with a Special Use Permit. There are no Residential Dwellings within 1000 feet of the site. Placement of the structure meets the provisions of the Telecommunications Act of 1996 and preliminary studies indicate that it meets the National Environmental Policy Act of 1969 and FCC Rules Sections ].1311, 1.1312, 1.1307 and all ,other applicable federal, state and local laws concerning a facility like the one proposed. Sea-Comm, Inc. is aware of the Special Use Permit issued to Martha Lee for the original site and the Co-location policy of New Hanover County. Since Sea-Comm, Inc. would take over that Special Use Permit if the original site was to be used for this project and Sea-Comm, Inc. has no intentions of building on the original site and the original Special Use Permit will be abandoned, the co-location of this facility will not be possible at the original site. Also it should be noted that the original Martha Lee Special Use Permit tivas for the construction of a 500-foot radio tower and the Sea-Comm, Inc. proposal is fora 350-foot radio tower. 52 ^~ Petition Summary Data 5-458, 04/00 Owner/Petitioner: Sea-Comm, Inc. for Parks Downing, Jr. Existin7 band Use: Vacant Zoning History: July 7, 197? _ Water Type: Area served by individual wells - Sewer Tvne: Area served by individual septic systems Recreation Area: Ogden Park Access and Traffic Volume: 17,400 Market St Fire District: Ogden 13,488 Watershed and Water Quality: Island Creek C(S1~V) - ~ '; Aquifer Recharge Area: Primary recharge area Conservation(Historic/A.rchaeoloQic Resources: Pocosin (WPO) Soils: Leon, Murville Building Suitab.ilitti~: Class III severe limitations Schools: Ogden Elementary ~. ~ // r` -' 1~( /a~~~ ,ion ,~~l3d ~00~ . Pr e fA b , ~.-~ _ a ~ ~ e~d~. ~ j"-e~rcc -• 1 "- loo' I o Generq~o~ c o~Po ~~,~ . i i ~ ~. ~ N ~ I ~. 1 ~~ l _ `t a a ' J~~ /~,~~~ 3Z 6013 B~6< <~ ; 12 p~ r c e' ~1 '~ 0 Pin 3Gb~~ r'?l~i'7p7no4 ~• 56 °~ a~ a+ ~o a~ o~ a~ ~~ ~~ •~ ~' C P a -,(.J ~ rt H n ~ CJI `~ c ~ t~ ~ ~ + ~ h d O r~ y O - ~ O r• O ri `~ ~ ov O H \ ~ ~ ~ d O ~N ~ G £ G n r• ~' ~ p o m ~ ~ ~ ~ G io ~ rt 7 ~ `~ ~ O> e3~~~ A • ^ ~ ~ c~ v, a w n~ ;-~ b ~ C1; b ~~~ • yADD~DD ~ ~ ~ z~~~m~~ n'~ Ul ? cn cn ~ z cn cn m cv O ZDD'~^~a> ~ O,~ ooo~~oa ~"•'a C <ooor'oo ~ ,A ` Zzzz>zz ~ c O • ozzC'~zz ~ G - z ~ c7 '*~ C7 ~ n C9 L ~ 77 D 7J 7J -•~ ~ D Z Z r Z Z 1. Zzz ZZ " ~~ Cn C!J C/7 Cl~ m n 0 O 0 ~ _, ~~~z ~ ~ ~ ~ 9 OY VI ^~ Ili (~ a ~ o a W 0 o a '3 ~ ° cRn m d ~ `= z 0 o n II 5@~ ~ ~ °c "p ~G a ~ O C ~ ~ ~' c: ~~~ (~''-~ J \, r-~ b Q. rt ri ~ • . c ~'' r 7 ~ ; f'C Y• fn G I? H rt O Q. In r• ~ ~ H n ~ to ri c rt N .T I-h 6 O O rt O }i rt rr G ` ~L N O •, n £ n •.. ~ 4 ~eJ ~~~-t~~/rc2unc.~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 . Regular Item #: 6.7 Estimated Time: Page Number: ~ Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess or Baird Stewart SUBJECT: Item 7: Rezoning (Z-702, 04100) BRIEF SUMMARY: Request by Tripp Engineering, P.C. for Allan May to rezone 9.65 acres located in the 2500 block of Castle Hayne Road, from AR Airport Residential to B-2 Highway Business and AI Airport Industrial. (Z-702, 04/00) The Planning Board recommends approval to B-1 Neighborhood Business for the western portion of the property. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board unanimously voted to approve the Staff recommendation to only rezone the western portion of the property B-1 neighborhood business to the same depth as the adjacent B-1 district to the north. The rest of the property should remain AR Airport Residential. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: NlA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: r COUNTY COMMISSIGNER~ APPROVED ^~^. REJECTED ^ REMOVED ^ POSTPONED L'~ 'T~ ~~~%~Teca..~.i HEARD ~}~~y.ppt ~ ` 5 7 4VIY ~:rt i~ !`.Sts~3? ~sr .y ~ T~ 1 CASE: Z-702, 4/00; APPLICAhIT: Tripp Engineering ~, REQUEST: AR Airport Residential to B-2 Highway Business & AI Airport Industrial ACREAGE: 9.65 Acres LOCATION: 228 Castle Hayne Road LAND 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 `vith 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. Residential development can exceed 2.5 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: (4/6/00) Several adjacent property owners were present.~One neighborhood representative presented concerns about the potential impacts of this rezoning on adjacent property owners. The petitioner agreed to change the AI Airport Industrial portion of the request to B-1 neighborhood business. Agreeing with the concerns about commercial intrusion into the neighborhood, the Planning Board unanimously voted to approve the Staff recommendation to only rezone`the western portion of the property B-1 neighborhood business to the same depth as the adjacent B-l, district to the north. The rest of the property should remain AR Airport Residential. ~ STAFF SUMMARY: , The petitioner is requesting a rezoning from AR Airport Residential to B-2 Highway Business and AI Airport Industrial. The subject site is located south of several lots fronting on North Kerr Avenue and is currently being used to board horses. Access to the site is from Castle Hayne Road. There are several different zoning districts in the vicinity. Adjacent and north of the property there is a B-1 neighborhood business district to a depth of 750 feet from Castle Hayne Road. The B-1 district is comprised of a gas station, Wrightsboro Fire Department, Dry Cleaners, and a couple of Auto repair shops which all have access from I~iorth Kerr Avenue. Adjacent and south of the property is AR_Airport Residential and to the back and south of the property is AI Airport Industrial which is part of the Corbett Farming Company. Across Castle Hayne Road to the west of the property is a shopping Center District and a B-2 Highway Business district. Over the years this intersection has developed into a commercial center for the Wrightsboro community. Although the potential for a residential development on this property is limited by the one :.acre minimumlot~are~~equired for the AR zone, the petitioners request for commercial and Industrial zoning;isaoo~large and intrusive. As previously stated the access to this site is from Castle Hayne Road~,G~i~en the large volume of traffic at the intersection of North Kerr and Castle Hayne Road, staff,is concerned about the additional traffic that would be created if this whole property is commercially developed. The remaining residential properties in the area are well-- . ~ct~I~'b~• established and~would also be adversely impacted by this rezoning request. Staff recommends 5 g <<~~~~~.~ rezoning•the western portion of the property B-1 Neighborhood Business to the same depth as the adjacent B-1 withthe rest of the property remaining AR Airport Residential. Case: Z-702, 04/00 ]Petition Summary Data Owner/Petitioner: Tripp Engineering Existing Land Use: Residential (Horse Farm) ' Zoning History: October 4,.1976 Water Type: Well Sewer Type: Septic Recreation Area: Cape Fear Optimist Park ® r Access & Traffic Volume: 15,600 Fire District: Wrightsboro Watershed & Water QualitX Classification: Ness Creek C(SW) Adiiifer Recharge Area: Secondary Recharge Area Conservation/Historic/Archaeologic Resources: None Soils: Onslotiv Building Suitability: Class II Moderate Schools: Johnson Elementary {This page intentionally left blank} 60 TRIPP ENGINEEIUNG~ P. C. 419 Chestnut Street ;~ Wilmington, North Carolina 28401 ~` Phone: (910) 763-5100 FAX: (910) 763-5631 Apri126, 2000 New Hanover Board of County Commissioners 320 Chestnut Street Wilmington, NC 28401 Attn: Ms. Lucie Harrell Re: Allen May Re-Zoning Case No. Z-702 TE. 00028 _. Dear Ms. Harrell: We are in the process of acquiring additional information for the above referenced item. We respectfully request a continuance for the May 8, 2000 meeting to a later date. Please contact us with questions, comments or if you require additional information. Thank you. .Sincerely, Tri ngineering, C. • Phillip G. ipp, P.E. PGT:dcb cc: Baird Stewart / N.H. Co. Planning Allan May ~~ MEETING OF THE WATER AND SEWER DISTRICT Historic Courthouse Room 301 May 8, 2000 6:30 p.m. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS (limit three minutes) 61 2. Approval of minutes 63 ADJOURN 61 phis page intend®nally left blank} 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Approval of Minutes -Water & Sewer District BRIEF SUMMARY: Approve the minutes of the Regular Meeting, April 17, 2000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: ATTACHMENTS: ITEM DOES.NOT REQUIRE REV~W COUNTY MANAGER'S COMMENTS AND RECOMMENDATION Approval minutes. > ~ COMMISSIONERS' ACTIONSICOMMENTS: rCOUNTY COMMISSIQN~R.~ APPROVED C~- REJECTED REMOVED POSTPONED /nH~,xpEARD ., 63. {This page intend®nall,~ left blank} I'j .~ 64 ,~` 1~~ . t `'' ')Sf ~ ~~ r~.+ ~~~tl'a -~ ~<< CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS May 8, 2000 ITEMS OF BUSINESS 1. Approval of minutes 2. Award of bid #00-0240 and approval of contract #00-0240 for NoxOUT Reagent 3. Award of bid #00-0315 and approval of contract #00-0315 for a GMC Yukon 4. Award of bide#00-0302 and approval of contract #00-0302 for In-Home Aide Services 5. Approval of Easement Deed between New Hanover County and St. James Parish for Airlie Gardens 6. Approval of agreement between New Hanover County and St. James Parish on Policies and Procedures for St. James access to Airlie Gardens 7. Approval for Department of Aging to be designated Lead Agency for Home and Community Care Block Grant funds 2000/2001, approve receipt of Home and Community Care Block Grant funds in the amount of 4724,670 and approve receipt of Title 3F Health Grant monies in the amount of $8,478 8. Approval of Gemplus purchase order for gift for Northeast Branch Library 9. Presentation of Resolution Certifying Election Results 10. Approval of Proclamation for "Teen Pregnancy Prevention Month" 11. Approval of Budget Amendment #2000-33 Controlled Substance Tax 12. Approval of recommendations from Juvenile Crime Prevention Council for Office of Juvenile Justice Funds'for Fiscal Year July 1, 2000 through June 30, 2001 PAGE NO. 67 69 71 73 77 83 89 91 93 101 103 105 65 {This page Intentionallyleft blank} ~~ 66 i. IVEW HANOVER COUNTY. BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 1 Estimated Time: Page Number: ,Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Approval of Minutes -Consent Agenda BRIEF SUMMARY:. Approval of the following sets of minutes: . Regular Meeting, March 13, 2000 - Regular Meeting, April 17, 2000 Board of Education Work Session, March 30, 2000 RECOMMENDED MOTION AND REQUESTED ACTIONS: ' Approve minutes. FUNDING SOURCE; - ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW -- COUNTY MANAGE C MMENTS AND RECOMMENDATIONS: Approve minut COMMISSIONER ' A TIONS/COMMENTS: ~~6UIVTY CQ~INfI~SInNER APPROVED , L"~~ - REJECTED ^ REMOVED ^ POSTPONED ^ HEART) `- . Ct, d-~ X67 {This page intentionally left blank} ~., ~ n~, :;,t~,r ,, ~:, fig, t~ 68 :-N ~~~,,~ Y ,Ftx f .~ ~ r. ~.~.,. NE1N HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION _ Meeting Date: 05/08/00 Consent Item #: 2 Estimated Time: Page Number: . Department:. Environmental Management Presenter: Contact: Amy Akin ~ " SUBJECT: Award of bid # 00-0240 and approval of contract # 00-0240 for NOxOUT Reagent. BRIEF SUMMARY: ~ . NOxOUT Reagent is used in the daily operation of the WASTEC Facility and is a product that is " purchased through a County term contract. The formal`bid process was followed to secure bids. One bid was received and staff is recommending award of the bid and approval of the contract to PCS Sales, the only bidder. Attached. is the following: 1. Resolution for award of bid and approval of contract 2. Draft contract RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends adoption of resolution awarding bid # 00-0240 and approving contract # 00-0240 for NOxOUT Reagent to PCS Sales, the lowest responsible bidder at the per gallon unit prices quoted in the proposal, resulting in an estimated first year expenditure of $58,800.00. FUNDING SOURCE: 700-485-4194-4230 ATTACHMENTS: The resolution is being transmitted as an attachment to the agenda form. The contract draft is available in the County Manager's Office. 'y_ 00-0240r.wp REVIEWED BY: LEGAL: ~ FINANCE: BUDGET: approve .HUMAN RESOURCES: NIA COUNTY MANi Recommend ap MENTS: ~~OUNTY COMM15SI0~lER~ APPROVED C~ REJECTED ^ REMOVED ^ POSTPONED !^ iHEARA //~ry,~y.` ~ .~ 9 '• 'RESOLUTION . OF THE BOARD •OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance" Department at 3:00 p.m. on the 11th day of April, 2000, at the County Administration,Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for NOxOUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 00-0240: a ~ ~ First Year. of Contract Second Year of Contract ` PCS Sales $ .98 per gallon $ .98 per gallon AND WHEREAS, the Environmenta11V1anagement,Director; the Finance Director and the County Manager recommend that the contract be awarded to PCS Sales, a foreign corporation organized under the laws of the state of Delaware, the lowest responsible bidder, at the per gallon price quoted in the proposal resulting in an estimated first year expenditure ofFifty-eight Thousand Eight Hundred Dollars ($58,800.00); . , AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4194-4230 to cover this contract; . • ~ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for 'NOxOUT. Reagent ;for, the WASTEC Facility of. the. Environmental Management Department, Bid # 00-0240 be awarded to PCS Sales at the per gallon price quoted in the proposal resulting in an estimated first year expenditure ofFifty-eight Thousand Eight Hundred Dollars ($58,800.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 8th day of May, 2000. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board ~~"~=~~"' ~ • ' t.~ ~ ~(~l ~~ ` ~~~ ~~: NEViI HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 3 Estimated Time: Page Number: Department: Emergency Management Presenter:. Contact: Amy Akin SUBJECT: Award of bid # 00-0315 and approval of contract # 00-0315 for a GMC Yukon. ' BRIEF SUMMARY: During Hurricane Floyd one of the Emergency Management vehicles was damaged and subsequently #otaled in ~an accident: The age of the vehicle did not aifow for any insurance value to be of assistance toward replacement. Funds have been approved and are budgeted for the replacement of the vehicle. This'type of vehic-e was not awarded on state contract and therefore the County completed a formal bid process. The~County sent bid packages to twenty-five dealers but received only one bid. Staff is . recommending award ofibid to Bob King Pontiac GMC, Inc. the only bidder in the amount of $35,438.00. Attached is the following: 1. Resolution forward of bid and approval of contract 2. Draft contract RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution awarding bid # 00-0315 and approving contract # 00-0315 for a .GMC Yukon to Bob King Pontiac GMC, Inc., the only bidder, in the amount of $35,438.00. FUNDING SOURCE: 110-433-4330-3000-6450 ATTACHMENTS: The resolution is being transmitted as an attachment to the agenda form. The contract draft is being transmitted separately. ;` 00-0315r.vvp REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A rCOUfVTY CONiM15Sl sN~~, APPROVED COY REJECTED ^ REMOVED ^ POSTPONED p ~ ~~ ~EAR® t~ , RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW IIANOVER COUNT' . WHEREAS, after due advertisement, bids were received acid publicly opened by the Finance Department at 3:00 p.m. on the 18th day of April; 2000, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received fora 3/4 ton carryall for the Emergency Management Department, Bid # 00-0315: Bob King Pontiac GMC, Inc. $35,438.00 AND WHEREAS,. the Emergency Management Director, ,the Finance Director and the County Manager recommend that the contract be awarded to Bob King Pontiac GMC, Inc., a North Carolina corporation, the only responsible bidder, at the price ofThirty-five Thousand Four Hundred Thirty=eight Dollars ($35,438.00); . AND WHEREAS, funds have been previously appropriated and are 'now in Account No: 110-433-4330-3000-6450 to cover this contract; r NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract fora 3/4 ton carryall for the Emergency Management Department, Bid # 00-0315 be awarded to Bob King Pontiac GMC, Inc. at the price ofThirty-five Thousand Four Hundred Thirty-eight Dollars ($35,438.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 8th day of May, 2000, (SEAL) ATTEST: Clerk to the Board ,r w J" m .,s 72 ~~ ~.,,, ~.r~',~t~~r~i ~~~~ Chairman, Board of County Commissioners NEW HANOVER COUNTY BOARD OF GOMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 4 Estimated Time: -Page Number: Department: Aging Presenter: Contact: -Amy Akin SUBJECT: - Award of bid # 00-0302 and approval of contract # 00-0302 for In-Home Aide Services. BRIEF SUMMARY: Staff followed the formal bid process to bid the in-home aide services contract. This contract provides in-home aide services at three levels of care to participants. Three bids were received. After the review and evaluation, the lowest bidder, dMS Services was selected to be the bidder recommended for award of contract. At the very beginning of the bidding process a small change was made by the Home and Community .Block Grant Committee to the allocation made to this program. This required minor revisions throughout the package. However, some required changes were missed and were not made. After the bid opening, this was addressed with the lowest bidder, dMS Services, Inc.; dMS Services, Inc. confirmed that these , were minor changes and would not affect their proposal. -The award recommendation and the minor changes were also discussed with the second lowest bidder, Wayne Long of Wellcare & Nursing Services. He did not express any concern or questions concerning our recommendation. .RECOMMENDED MOTION AND REQUESTED ACTIONS• ` Staff recommends adoption of resolution awarding bid # 00-0302 and approving contract # 00-0302 for • ih-home aide services to dMS, Inc. FUNDING SOURCE: :Contract begins July 1, 2000. Funds are to be appropriated in next year's budget in account 110-582-5830-3700 ATTACHMENTS: The resolution is being sent as an attachment to the agenda item. 00-0302r.wp Draft contract # 00-0302 is being sent separately. REVIEWED BY: LEGAL: FINANCE:. BUDGET: HUMAN RESOURCES: N/A ~~OUiVTY COtNMISSIf~N~R$~, APPROVED ~~~ REJECTED ^ REMOVED ^ POSTPONED ^ ~ *~ ~~~~ ~;~~~r RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were. received and publicly opened by the Finance Department at .12:00 noon., on the 23rd day of April, 2000, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for ii1-home aide services for the Aging Department,=Bid # 00-0302: Bidder: LevelI Leve1II LeveIIII dMS Services, Inc. $14.00 $14.50 $14.50' Wellcare & Nursing Services $15.0018 $16.4994 $16.6015 Home Health and Hospice Care, Inc. $17.2569 $17.2521 ~ $17.2495 AND WHEREAS, bidders were informed that the award of any contract will be made based on evaluation of total proposal and low unit cost will not necessarily guarantee award and factors to be. considered in addition to price were completeness of proposal and all forms, insurance requirements, license ...requirements, history and experience of company; AND WHEREAS, the bids received were reviewed dMS Services, Inc. was selected to received recommendatiomfor award; AND WHEREAS, the Director of Aging, the Finance Director acid the County Manager "recommend that the contract be'awarded to dMS Services, Inc., at the unit cost of $14.00 for Level I care and $14.50 for Level II and Level III care; AND WHEREAS, funds are in account 110-582-5830-3700 to satisfy the requirements of this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofNew Hanover County that the contract for in-home aide services for the Department of Aging, Bid # 00-0302 be awarded to dMS Services, Inc. at the unit cost of $14.00 for Level I care and $14.50 for Level II and Level III; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 8th day of May, 2000. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 5 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney . SUBJECT: Easement Deed between New Hanover County and St. James Parish for Airlie Gardens BRIEF SUMMARY: New Hanover County and St. James Parish have agreed to grant respective easements to allow for entrance to and from Airlie Gardens and Lebanon Chapel. No funds are involved. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize Chairman to execute the Easement. FUNDING SOURCE: ' No funds are involved. ATTACHMENTS: Yes REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: NIA HUMAN RESOURCES: N/A Recommend ap COMMISSIONERS' A AND RECOMMENDATIONS: COUNTY COMMISSI©NE~ APPROVED ~~ REJECTED ^ .REMOVED ^ POSTPONED t~EaR® .~~ 7 7 ~° STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER EASEMENT DEED THIS EASEMENT DEED made this the day of , 2000, by the COUNTY OF NEW HANOVER, a North Carolina municipal corporation (herein'called' "Grantor") to the WARDENS AND VESTRY OF ST. JAMES PARISH (herein called "Grantee"), of New Hanover County, State of North Carolina. WITNESSETH: WHEREAS, Grantee is the owner of a certain tract of land located in Harnett Township, New Hanover County, and more particularly described on a map recorded in Map Book 38, Page 231, New Hanover County Registry, excepting that portion of said property previously conveyed to Corbett Package Company by deed recorded in Book 2504, Page 415,`New Hanover County Registry (herein called "Mt. Lebanon Chapel"). AND WHEREAS,. for the period since its acquisition of Mt. Lebanon Chapel by deed recorded December 20, 1875, Grantee has had road access to and from said property over the adjoining property more particularly described on.a map recorded in Map Book 38, Page 236, New Hanover County Registry (herein called "Airlie Gardens Property"), although said access has not been by means of a recorded easement; AND WHEREAS, the Grantor has purchased the Airlie Gardens Property from Corbett Package Company, and has agreed to execute and to deliver to Grantee a.deed of easement for ingress, egryess, and regress upon ,through and over a certain portion of the C 1~~~:: 8a.~.~„y,e~ ., /u~ aforesaid Airl~e G~a~rdens~Property subject to the conditions hereinafter stated. ~~NOyy~W~ryyTHE~REFORE, for and in consideration of the premises and other valuable 7 $ considerations;,the sardj,Graitors, has given and granted and by these presents does give, grant, ,,~.: 11797 convey unto the said Grantee, its heirs, successors and assigns, anon-exclusive, perpetual, easement in, to, upon, and over certain property more particularly described in Exhibit A attached hereto and incorporated herein by reference (herein "Access Easement") This deed of easement is made subject to the following conditions: Said easement is given for the sole purpose of ingress, egress and regress of the Grantee, its successors, assigns, invitees and licensees, subject to the use of the same by the Grantor, its successors, assigns, invitees and. licensees, and said deed of easement is not to be construed as an easement given for the exclusive use of the Grantee.. 2. The Grantor, its successors and assigns and any subsequent owner of the fee simple title to said easement, shall maintain the aforesaid easement in a usable and passable condition for access by vehicles and pedestrians to and from the aforesaid Mt. Lebanon Chapel, over and across said Access Easement. The Grantee, its successors, assigns, invitees and licensees and any subsequent owner of this easement shall use said easement only for ingress, egress and regress to and from Mt. Lebanon Chapel. 4. .The Grantor, in order to provide security and protection for its Airlie Gardens Property, may maintain a gate to regulate access to said Airlie Gardens Property. It is understood and agreed between the parties hereto that any gate erected and maintained by the Grantor on the Easement will be at the entrance to the Airlie Gardens Property located at the northern terminus of the above described Access Easement with the public road currently known as Airlie Road, as shown in the recorded map referenced in Exhibit A. Subject to the terms and conditions of this Easement Deed and any reasonable procedures which maybe agreed upon between the Grantor and the Grantee as provided herein the Grantee and its successor s, assigns, 79 11797 2 invitees and licensees shall have the right of access throug}~ said entrance and any gate maintained there, and shall have said right of entry and tl~e use of the Access Easement described herein, without the necessity of the payment of any fee or charge. The parties shall agree upon a reasonable procedure for the allowance of access through any such gated entrance, both during and outside of regular business hours for the activities of the Grantor to be carried on within the Airlie Gardens Property,'and shall consult and agree on any other procedures reasonably - necessary to carry out the terms of this Easement Deed. 5. The duties imposed herein and the conditions and covenants contained in this Easement shall be binding upon and inure to the benefit of the Grantor and the Grantee, their successors and assigns, and shall run with the land. TO HAVE A1~TD TO HOLD said Easement as described herein to the said Grantee, and its successors and assigns. IN TESTIMONY WHEREOF, the County of New Hanover has caused this Deed of Easement to be executed in its name by the Chairman of the Board of County Commissioners and attested by its Clerk, and its seal duly affixed hereto, all by authority of the resolution heretofore set forth. COUNTY OF NEW HANOVER 80 ATTEST: Clerk ~~ [CORPORATE SEAL] 11797 BY~ - - _ - _ -- - Title: -- 3 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the State and County aforesaid, do certify that personally appeared before me this day and acknowledged that he/she is the of New Hanover County, North Carolina and that the foregoing instrument was signed and sealed by him/her as its 2000. WITNESS my hand and official seal this day of Notary Public My Commission Expires: 11797 4 81 EXHIBIT A Being the property shown as " 30' Access Easement `A' " on that map prepared by Sherwin Cribb, R. L. S., dated December 30, 1998, entitled "Map of Survey of Mt. Lebanon Chapel for St. James Parrish" recorded in Book 38, page 231, New Hanover County. 82 ~ 11797 $ NEVIi HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACT10N Meeting Date: 05108!00 . Consent Item.#: 6 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: -Wanda M, Copley, County Attorney SUBJECT: ~~ Agreement between New Hanover County and St. James Parish on Policies and Procedures for St. James .access to Airlie. BRIEF SUMMARY: New Hanover County and St. James Parish have agreed to policies and procedures for St. James to have access through Airlie to get to Lebanon Chapel. A copy of the Agreement is attached for the Board's .review. RECOMMENDED MOTION AND REQUESTED ACTIONS• Authorize County Manager to execute contract. , FUNDING SOURCE: No funds are involved. ATTACHMENTS: yes. REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: N/A .HUMAN RESOURCES: N%A COUNTY MANAGE 'S CO ENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' CTI NS/COMMENTS: - . ~ SOU COMMISSI®N APPROVED I~~ REJECTED ^ REMOVED p POSTPONEp CD ~EAR~ ~ ~; ~ 8 3 STATE OF NORTH CAROLINA COUNTY OE.NEW HANOVER AGREEMEN'T' This Agreement, made this the day ~ of 1999, by and between the WARDENS AND VESTRY OF ST JAMES PARISH, ;a North Carolina non-profit: corporation located in New Hanover County North Carolina (herein, "St. James"), and the COUNTY OF NEW HANOVER, a North Carolina municipal corporation (herein, NHC"), W ITNESSETH WHEREAS, St. James is the owner of real property in New Hanover County described as the Mt. Lebanon Chapel, which includes approximately 6.2 acres of land, the historic, Mt. -Lebanon. Chapel building, and the Lebanon -Chapel graveyard,' (herein collectively called "Lebanon Chapel"), and NHC is the owner of real property in New-Hanover County described as the Airlie Gardens, which includes approximately sixty (60) acres of historic gardens (herein called, . "Airlie Gardens"); AND WHEREAS, Lebanon Chapel is located within and is surrounded by the Airlie Gardens property, and access to and from Lebanon Chapel is by means of an easement across part of the Airlie Gardens property. _ . AND WHEREAS, both parties agree that for as long as .Lebanon Chapel has been in existence. within Airlie Gardens, St. James and all Authorized Users of Lebanon Chapel .have enjoyed free and unimpeded access to and from said property, and in recognitiori' of said right and'~~ privilege, the awners of said Airlie Gardens have always given the users of the Chapel the right to utilize gates to and roads within said Airlie Gardens; AND WHEREAS, NHC has converted Airlie Gardens from its historical use as a private garden open to the .public to a public garden and desires to formalize. the rules ,and regulations for the use of Airlie Gardens~~and Lebanon Chapel. In addition, as a municipal corporation ,NHC is subject to certain legal requirements which have not been of concern in relationships between St. James and the prior owners of Airlie Gardens;.; ' AND WHEREAS, the parties hereto have agreed upon the rules and regulations for the use of the Lebanon Chapel property and the access easement to and from said property;- NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. GENERAL ACCESS POLICY AND RULES 1. Access By St. James. It is the intent of this Agreement and of any rrc-W-nT -ti^N' -^ ^'LR ~'~'~ ~~ii jtl•=~ amendm;erit`~or~supplernerit thereto which may be agreed upon by the parties in the future, that St. -James acid call A~`itYiryor~ized4 Users shall have access over the Access Easement from Airlie Road in recognition';~of th'e';~pas"t:~pi-actice between the owners of Airlie Gardens and St. James, as herein provided, and subjec't~to%any legal requirements to which NHC is subject by virtue of its status as a North CarolinajlVlun>c'ipa~l~Corporation and as successor to the prior owners of Airlie Gardens. 84 _ #~~ 0 141G3v2' 2. Access Easement. Ingress and egress between Lebanon Chapel and Airlie Road shall be through the gated entrance presently located approximately '/2 mile, east of the intersection of Airlie Road and Oleander Drive, and over and across an easement currently located in the area described as a 30' Access Easement in that map recorded in Book 38, Page 231, New Hanover Registry, and as described in a certain deed of easement recorded in Book ,page New Hanover County Registry (herein called "Access Easement"), or located as may be agreed upon by NHC and St. James, as provided in said easement deed. It is the intention of the parties that said Access Easement may be relocated upon the adoption of the permanent Master Plan for Airlie Gardens by NHC, provided, however, that such relocated easement shall be substantially similar to the present Access Easement, and that such relocation shall be subject to the approval of St. James, which approval shall not be unreasonably denied. It is the intention of the parties that said Access Easement may be relocated upon the adoption of the permanent Master Plan for 3. Free Access. Access to Lebanon Chapel through the gated entrance maintained by NHC shall be free of charge to Authorized Users. 4. Access to Airlie Gardens. Authorized Users of the Chapel Property shall not have access to the surrounding Airlie Gardens property unless they purchase an admission ticket and pay the regular fee charged by NHC for said privilege. St. James and any authorized agent of St. James shall take reasonable action to inform all Authorized Users of Lebanon Chapel of this requirement. Among other such steps, notices of this requirement may be posted on Lebanon Chapel property or in Airlie Gardens, a notice of this requirement may be included in all bulletins distributed at Sunday services at Lebanon Chapel, and notice of this requirement shall be given to all organizers of, and may be given to all persons participating in or attending weddings or funerals at Lebanon Chapel. 5. Mt. Lebanon Chanel. The historic Mt. Lebanon Chapel building shall not be open to the public as part of Airlie Gardens. 6. Time of Access. Authorized Users shall have access to Lebanon Chapel during all hours when Airlie Gardens are open for access by the public. Authorized Users shall have access to Lebanon Chapel at all other times provided that they have the current access code for the entrance and reasonable advance notice is given to NHC, through the office of the Director of Airlie Gardens, Such notice shall include the date and times of use, the purpose oi- function, and the approximate number of users. 7. Parking. Vehicular parking by authorized users of Lebanon- Chapel shall not be allowed on Airlie Gardens property at any time, except in areas designated by NHC for parking, and subject to the purchase of an admission ticket to Airlie Gardens and payment of the regular fee charged by NHC. 8. Access System. An electronic access system to the designated gate entrance shall be provided by NHC. The cun-ent access number shall be provided by NHC to St. James and to the appropriate fire, police, emergency response public agencies and any other similar entities requiring access to Lebanon Chapel 9. AppIicabilit~ These genera] policies and rules shall apply,to all uses of Lebanon Chapel by Authorized Users on all occasions. Certain specific uses shall be addressed by additiona] rules as set out herein. Q 141G3v2 2 II. SUNDAY SERVICES 1. Sundav Services. Sunday services during the summer months may be ~ organized and conducted by St. James or its authorized agent, such as St. Andrews On The Sound Episcopal Church (herein, "St. Andrews"). It is currently anticipated that there will be 2 services each Sunday morning during the summer months. 2. Access for Sundav Services. Authorized Users of Lebanon Chapel at such services, including, but not limited to, clergy and lay participants, altar guild, janitorial personnel and churchgoers, shall have full access to Lebanon Chapel . 3- Schedule of Stmday Services. By April 1 of each year, NHC, through the office of the Director of Airlie Gardens, shall be informed of the schedule for Sunday services for the summer season, including, but not limited to ,the dates and times of regular scheduled services, and the entity organizing and conducting said services. III. WEDDINGS 1. Wedding Scheduling. Weddings may be scheduled, organized and conducted by St. James or its authorized agent, such as St. Andrews On The Sound Episcopal Church. St. James or its authorized agent shall be responsible for the issuance of passes to those participants and guests attending weddings in Lebanon Chapel. , 2. Notice of Weddings. On or before 14 days prior to the scheduled date of any wedding at Lebanon Chapel, NHC, through the office of the Director of Airlie Gardens, shall be informed of the schedule for the wedding and any rehearsals and related necessary activities, including, lint not limited to ,the dates and times of the wedding and any related activities, estimated numbers of persons attending, the person organizing and conducting said services. IV. MISCELLANEOUS 1. Authorized User. The term "Authorized User (or Users)" as used herein, shall mean a person requiring admittance to Lebanon Chapel for any purpose authorized by~ St. James, including, but not limited to, attending services or activities at or on Lebanon Chapel, held or - authorized by St. James or its duly authorized agent (i.e. church services, weddings, funerals, and any activities ancillary to said primary uses), or visiting the Lebanon Chapel property, including the historic Mt. Lebanon Chapel building arid the Mt. Lebanon graveyard. . . 2. INTO assumption of Liability by NHC. By its execution of this~,Agreement, NHC assumes no liability or responsibility for any injury, damage, or claim.by any authorized user of Lebanon Chapel. 3. Binding Nature. The benefits and obligations of this Agreement shall inure to and be winding upon the parties, their employees, members, agents, successors, acid assigns. This agreement benefits and is binding on any subsequently authorized agents of St. James. St. James . agrees to keep NHC informed of the name of any authorized agents of St. James. 86 ~- .. 141G3v2 3 4. Other Documents. Each party to this Agreement agrees to perform any further acts and execute and deliver any other documents that may be reasonably necessary to carry out the provisions and purpose of this Agreement. 5. Construction. This Agreement has been entered into in the State of North Carolina and shall be construed and enforced in accordance with the laws thereof. All nouns, pronouns, and other words used herein shall be deemed to include the masculine, feminine, neuter, singular and plural as the context and facts may require. 6. Amendments. This Agreement may not be amended, changed or modified except by an agreement in writing signed by the parties. 7. Notice of Change. It is anticipated that, as questions and issues arise concerning the policies and rules set out herein, the parties shall agree on reasonable additions or changes to these policies and rules. No change to this Agreement shall take effect without sixty (60) days notice of the effective date of said change. 8. No Authority of NHC Over Use of Prooerty. Except as may be provided herein, in any other written agreements between the parties, or as provided by law, St. James has the sole autlloi-ity and control over its use of the Lebanon Chapel property. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed through its duly authorized officers this Agreement effective as of the date first above written. COUNTY OF NEW HANOVER (SEAL) By: ATTEST: Clerk to the Board Allen O'Neal New Hanover County Manager THE WARDENS AND VESTRY OF ST. JAMES PARISH ATTEST: By: Clerk Senior Warden ~~ 141G3v2 4 .. This instrument has been pre-audited in the manner prescribed by the Local Government Budget and Fiscal Control Act. ivew Hanover ~.o.unty rmance lllrector Approved as to form. New Hanover County Attorney 88 14163v2 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. Meeting Date: 05!08/00 Consent Item #: 7 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton c ~ .- _ , SUBJECT: Request Department of Aging to be designated Lead Agency for Home & Community Care Block Grant furids 2000/2001, approve receipt of Home & Community Care Block Grant funds in the amount of $724,670 and approve receipt of Title 3F Health Grant monies in the amount of $8478. BRIEF SUMMARY: Commissioners are requested to designate the Department of Aging as Lead Agency for Home & Community Care Block Grant (HCCBG) services in New Hanover County 2000/2001. New Hanover County is eligible for $724,670 FY 2000/2001 to provide services to elderly residents. The Home & Community Care Block Grant Advisory Committee recommends the following distribution of funds and services: Transportation $99,280; Home Delivered Meals $137,687; Congregate Nutrition $88,410; Case Assistance/I&R $30,436; Care Management $60,156; In Home Aide Services $200,000; Adult Day Care $66,670; Group Respite $3,100; Adult Day Health $14,292. In Home Aide Services will be provided through contract with dMs Services ,Inc.; Adult Day Care, Group Respite and Adult Day Health services will be provided through a contract with Elderhaus, Inc.. All other services will be administered directly by the Department of Aging. The Department of Aging is eligible for $8478 in Title III F-Health Promotion monies for 2000/2001. These funds will support health promotion/disease prevention programs scheduled through the Senior Center. All -Home & Community Care Block Grant funds and Title III F monies require a 10% match .The required match is included in the Department of Aging's requested 2000/2001 budget. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend Commissioners approve request to designate Department of Aging Lead Agency for Home and Community Block Grant Services in NHC, approve request to accept the Home and Community Block Grant Advisory Committee's recommendations of fund distribution and services and accept the FY 2000/2001 Home and Community Care Block Grant funds in the amount of $724,670 and the Title III F Health Promotion monies in the amount of $8478. Signatures are required on the DOA 730, DOA 731, DOA 732, and DOA 734 forms (attached to agenda packet). FUNDING SOURCE: Home and Community Block Grant: Federal $688,436; State $36,234 Local $80,519 Title III F Health Promotion State 8,478 .Local 942 Total monies 2000/20001 Federal $688,436 State $44,712 Local $81,461 ATTACHMENTS: The backup documentation for this matter is voluminous. The documents are available in the Manager's Q (] office for your review. V ~J REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S CO NTS AND RECOMMENDATIONS: Recommend appro COMMISSIONERS' AC ION /COMMENTS: r BOUNTY COMN115SI4N , ,APPROVED G~ REJECTED ^ ,; ~tEMOVED D ' ' POSTPONED ~. FtEARD r NEW HANOVER COUNTY BOARD OF COIVII!lIIISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 8 Estimated Time: Page Number: Department: Library Presenter: Contact: David Paynter SUBJECT: Gemplus Purchase Order BRIEF SUMMARY: As part of the Library's fundraising efforts, the Library has received from Gemplus, Inc., a large multinational company, a book security system for the Northeast branch. The value of this gift is over $40,000 net (This is in addition to.the $1,020,000 already raised). Iri addition, the Library's automation vendor will provide, at no cost, the software interface between the security system and the Library's circulation system. The only expense to the Library are the security tags, which have been discounted from $1.00/tag to $.64 and to which this purchase order refers. These funds will be taken out of the project budget. The only other obligation of the Library is to allow staff from other libraries to visit the site and discuss the operation of the system of the library staff. The Library is very excited about_this project since not only will the system provide security for library materials, but it will also allow patron self-check out. This will, we hope minimize the need for additional staff as circulation activity grows at the Northeast branch. We also think that this gift reinforces the image of New Hanover County as a leader in the implementation of new technologies in local government. Because of the gift and the requirement to work with our existing automation vendor, this purchase was . not bid. However, when the NE branch project was begun, I did receive informal quotations from other vendors and was quoted a cost of over $100,000 with security tags costing $1.00/each. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consent agenda FUNDING SOURCE: Building project fund (books and equipment) ATTACHMENTS: .REVIEWED BY: LEGAL: NIA FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER' CO EN SAND RECOMMENDATIONS: _ ~ . Recommend approval. ~~(j~ COMMISSI0~1~ COMMISSIONERS' ACT O /COMMENTS: ~ APPROVED. C~~ REJECTED ^ REMOVED ^ g POSTPONED ^ ` ~IEAR(~ ^ `` ~ Thi,~ page intentionally left blank} . , 9 ~ '~lv~6~1 fl~/1 R +4,f~~i `r.\R ! ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 7~ s n Item #: 9 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Resolution Certifying Election Results BRIEF SUMMARY: On May 5, the Board of Elections executed a Certificate of Canvass certifying to the Board of Commissioners the results of the special election held May 2, 2000 for the Open Space Bond Referendum. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adapt resolution certifying election and direct County Attorney to publish Statement of Result of Special Election. FUNDING SOURCE: ATTACHMENTS: Yes. REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: NIA COUNTY MANAGER'S CO , MENTS AND RECOMMENDAI Recommend approval. j ~~'° COMMISSIONERS' ACTIONS/COMMENTS: HUMAN RESOURCES: N/A ~~ f~TY COMMISSION APPROVED L~:/' REJECTED tiEMOVED ~ PoST~~~ ~ ~ 9 3 _- ~ /~.~ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A meeting of the Board of Commissioners of the County of New Hanover, North Carolina,. was held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at 6:30 P.M. on May 8, 2000. ' Present: -_ Absent: Also present: * ~ The Clerk to the Board of Commissioners placed before the Board of Commissioners a Certificate of Canvass of the New Hanover County Board of Elections certifying to the Board of Commissioners the results of the special election held -for the County of New Hanover on May 2, 2000. The Certificate was considered by the Board. Resolution Certifying Election Results ~ . . moved the adoption of the following resolution, . the motion was seconded by and the resolution was briefly described to the Board: WHEREAS, the Board of Commissioners has considered the Certificate of Canvass of the New Hanover County BI oard of Elections. canvassing the referendum held for the County of ~ 1 '~,, y '1 ,. / New Hanover on May'2, 2000 and certifying the results thereof to the Board of Commissioners ~, ~~u~ 94 and has canvassed the results of that special election; ~~,,, , C-642490v01 0704.00015 ~~ ~.. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover that it be .and hereby is certified -and declared that the number of voters registered and qualified to vote at that special election was FURTHER RESOLVED, that it be and hereby is certified and declared that the total number of voters who voted "YES" in answer to the question, "SHALL the order authorizing $45,000,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing open space and park and recreation facilities, including the acquisition of interests in real property and the acquisition, construction, expansion, improvement and equipping of new and existing facilities for such purposes; and a tax to be levied for the payment thereof, be approved?", was The total number of voters who voted "NO" in answer to such question was FURTHER RESOLVED, that a statement substantially in the form hereinafter set forth declaring the result of the election shall be prepared and published in accordance with law: 95 C~6d?49ov01._ I3 104.00015 .STATEMENT OF RESULT OF SPECIAL ELECTION HELD FOR THE COUNTY~OF NEW HANOVER MAY ~2, 2000 WHEREAS, by direction. of the Board of Commissioners of the County of Ne~v Hanover, in the State of North Carolina, a special election was duly called and held for the County on May 2, 2000 for the purposes bf submitting to the qualified voters of the County the questions hereinafter set forth, and that Board has received from the New Hanover County Board of Elections a certification of the results of the .election, and has determined the results of the election to be as hereinafter stated; NOW, THEREFORE, The Board of Commissioners of the County of New Hanover hereby makes the following statement of the result of the election pursuant to The Local Government Bond Act: (1) The total number of voters registered and qualified to vote at the election was (2) The number of voters who voted "YES" in answer to the question, "SHALL the order authorizing $45,000,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing open space and park and recreation facilities, including the acquisition of interests in real property and the acquisition, construction, expansion, improvement and equipping of new and existing facilities for such purposes; and a tax to be levied for the payment thereof, be approved?", 96 ~. was The total number of voters who voted "NO" in answer to that question was The question in the form submitted was [approved/rejected] by the vote of a majority of those who voted thereon at the election. Any action or proceeding challenging the regularity of validity of this bond referendum must be begun within 30 days after the date of publication hereof. Board of Commissioners of the County of New Hanover, North Carolina [End of Statement of Result of Special Election] 97 L-a12d9ov0l ~37Q4.00015 4 The motion was adopted by the following vote: , AYES: NAYS: - * * * x 98 C-o4249ov01_ 1]704.00015 C STATE OF NORTH .CAROLINA ) COL7NTY OF NEW HANOVER ) I, LUCIE F. HARRELL, Clerk to the Board of Commissioners of the County of New Hanover, DO HEREBY CERTIFY as follows: . 1. A meeting of the Board of Commissioners of the County of New Hanover, located in the State of North Carolina, was duly held May 8, 2000, such meeting having been noticed, held and conducted in accordance with all requirements of law (including open meetings requirements), and minutes of that meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2. I have compared the attached extract with the minutes so recorded and the extract is a true copy of those minutes and of the whole thereof insofar as those minutes relate to matters referred to in the extract. 3. Those minutes correctly state the time when the meeting was convened and the place where the meeting was held and the members of the Board who attended the meeting. . IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the seal of said County on May , 2000. (SEAL) Clerk to the Board of Commissioners • 99 ~.~.,»y~~~o, ~,;o.~~~o~s 6 ~ This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 10 Estimated Time: Page Number: Department: County Manager Presenter: Renu Daryani Contact: Mark Boyer SUBJECT: Proclamation "Teen Pregnancy Prevention Month" BRIEF SUMMARY: Wilmington Health Access for Teens has requested your approval of the attached proclamation. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: `~ Pregnancy Prevention Mont ITEM DOES NOT REQU/RE REV/EW COUNTY MANAGER'S CO TS AND RECOMMENDATIONS: Recommend approva . COMMISSIONERS' AC 10 /COMMENTS: ~~;OUNTY CONiM15Sl~, APPROVED C tiEJECTED ^ 92EMOVED ^ POSTPONED ^ t~EAR® _ -~~ 0 , , . ~ Proclamation Teen Pregnancy Prevention Month WHEREAS, many families in our community are experiencing the adverse medical, financial and emotional expenses of children having children, and; WHEREAS, this is a problem in this community which should be of maj or concern, as statistical data for the year 199$ reveals 369 teenage pregnancies occurred in New Hanover County, which meant one girl below the age of 19 became pregnant every day in New Hanover County, and; WHEREAS, the Adolescent Health Council of New Hanover County is working with other organizations to heighten awareness that teenage pregnancies can be prevented through open communication between parents and their children and through sex education, community awareness and support, NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners proclaim May, 2000 as Teen Pregnancy Prevention Month in New Hanover County, and encourage families to join in and support efforts of the New I-Ianover Adolescent Health Council in order that our children can be afforded every opportunity to reach adulthood before assuming the responsibilities of parenthood. . .... Adopted this, the 8~' day of May, 2000 New Hanover County Board of Commissioners [Attest] William A. Caster, Chairman Lucie F. Harrell, Clerk to the Board ~: ~ :~~ ~ i ., .~."~,' ul~l~ 102. ..-,(~~~~~ ,? ~,,~,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Budget Amendment Consent Item #: 11 Estimated Time: Page Number: DEPARTMENT: 2000-33 BUDGET AMENDMENT #: Controlled Substance Tax ADJUSTMENT Controlled Substance Tax Capital Project Expense EXPLANATION: To increase budget for additional revenue re Substance tax funds are budgeted as received and must be the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Com COMMISSIONERS' ACTIONS/COMMENTS: DEBIT CREDIT $2,875 $2,875 d 3-22-00. Controlled ~ law enforcement activities as Hers ~1~9'gf ~OMMISSIOfV. APPROVED --~ REJECTED p REMOVED D POSTPONED D ~1 O3 ~1EAR® , {This page intend®nally left ,blank} '` 104 w .~~E;`~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/08/00 Consent Item #: 12 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Andy Atkinson _ SUBJECT: Recommendations from Juvenile Crime Prevention Council for Office of Juvenile Justice Funds for Fiscal Year July 1, 2000 through June 30, 2001 BRIEF SUMMARY:. The Juvenile Crime Prevention Council (JCPC) is responsible for making recommendations to the Board of County Commissioners for funding provided by the Office of Juvenile Justice on an annual basis. The JCPC met on April 28, 2000 and recommends the following agencies be funded for the fiscal year beginning July 1, 2000. This recommendation, if approved, must be submitted to the State for final approval. The recommendations are as follows: Requested Recommended o Pathways Program $309,284 $224,050 • Juvenile Restitution ** 112,775 50,000 ® Intensive Family Based Inter. 100,000 50,000 e Juvenile Psych Svcs 94.862 94,862 Total $696,929 $419,050 **No agency has been designated to carry out the Juvenile Restitution Program as of yet. The $50,000 has been set aside to fund the program at a later date if necessary. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend to the State the recommended funding as detailed above. FUNDING SOURCE: NC Office of Juvenile Justice ATTACHMENTS: REV{EWED BY: LEGAL: N/A FINANCE:. BUDGET: Approve COUNTY MANAGER'S COMMENTS AND R M Concur with the recommendation abov ~. _ r ~ COMMISSIONERS' ACTIONS/COMMENrtS:~ HUMAN RESOURCES: l TIUTY COMMISSION~R.~, - APPROVED L~---'~~ - REJECTED O REMOVED ^ POSTPONED ~ ~. QiEAR® ~© C~ 1 -~ r-- _ r-= ~~ ~~?-~„ ~- ~ '°~~~ ;~~_~„ ~~ ,~