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Agenda 2000 06-05AGENDA apHOVER C~ ;~ G ?`"~ r y~~ * . ~* ,~ _ i 9~ IMPO~E%P/~~ IMOVSTIIT ~~ NORtHcp , NEW HANOVER COUNTY BOARD OF COMMISSIONERS j Assembly Room l New Hanover County Historic Courthouse 24 North Third Street Wilmington, NC WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREER VICE-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 June 5, 2000 6:30 p.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes) APPROVAL OF CONSENT AGENDA r ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. 6:40 p.m. 1. Presentation of the 2000 Large Community Comprehensive Planning Award 1 for the New Hanover County Tidal Creeks Program `~:45 p.m. 2. Consideration of Reimbursement from Room Occupancy Tax Funds to 13 Carolina and Kure Beaches for Non-Eligible FEMA Hurricane Repairs 6:5~0jp.m. 3. Consideration of Approval of Extension of Airport Lease 23 7;,~0 p.m. 4 .Review Recommended Funding with Several County Departments and 25 Other Organizations and Hold a Public Hearing on the FY 2000-2001 °Recommended Budget Public Hearings: 8:00 p.m. _ 5.1 Rezoning: (Continued from May 8`h Meeting) Request by joe Taylor; 27 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) 8:10 p.m. 5.2 ~ecial Use Permit: Request by Trails End Boat Ramp Association to 37 consider special use to establish a community boating facility located ' at the boat ramp and the eastern terminus of Trails End Road. (5-459, OS/00) i ~ ~25 p.m.1 5.3 Rezoning: Request by Jon Vincent of Gulfstream Properties to rezone 6.12 41 acres located on the east side of South College Road from R-15 Residential to CD (O&I), Conditional use Office and Institution. (Z-701, 04/00) 8:35 p.m. 5.4 Rezoning: Request by Bernard Morris for Warren Rabori to rezone 3.4 acres 49 located between Alexander Road and Greenview Drive from R-15 Residential to O&I Office and Institution. (Z-704, OS/00) 8:45 p.m. 5.5 Special~Use Permit (Continued from May 8`h Meeting) Request by UNC-W 53. 1, to modify a Special Use Permit for a Marine Research and Educational F , Facility located in the 5000 block of Masonboro Loop Road. (S-329, 03/91 & 04/00) 8:55 p.m. 5.6 Comprehensive Plan Amendment -Request to amend the Wilmington, New 63 Hanover County, CAMA, Land Use Plari by modifying policy 4:10 to allow dredging activities associated with the relocation of Mason's Inlet. (LUP-9, OS/00) , 9:05 p.m. 5.7 Special Use Permit -Request by Ernest Carr to permit a double wide mobile 71 home in an I-2 Heavy Industrial Zoning District located at 4805 Holly Shelter Road in Castle Hayne. (5-464, 06/00) 9:15 p.m. 5.8 Road Naming/Address Assi nments: -Request by Planning staff to rename 75 Oak Avenue B to Spring Peeper Lane and assign new addresses located off Edgewater Club Road, Porters Neck Community. (SN-84, 06/00) 9:30 p:m. 6. Consideration of Selection of Voting Delegate and Alternate for the NACo 79 2000 Annual Conference in Charlotte, NC July 14-18, 2000 9:30 p.m. 7. Meeting of the Water and Sewer District ~ 83 . ADDITIONAL ITEMS County Commissioners • County Attorney County Manager 10:00 p.m. ADJOURN MEETING OF THE WATER AND SEWER DISTRICT Historic Courthouse Room 301 June 5, 2000 6:30 p.m. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS (limit three minutes) 2. Approval of minutes 3. Consideration of Acceptance of Drainage Easements for Water and Sewer Use ADJOURN I 1~ PAGE NO. 83 85 87 CONSENT AGENDA , . NEW HANOVER COUNTY BOARD OF COMMISSIONERS June 5, 2000 ITEMS OF BUSINESS PAGE • NO. 1. Approval of minutes ~ 93 2. Ratification of David W. Hays to Serve as the Designee Appointee on the 95 Airlie Gardens Foundation Board of Directors Representing•NCSU 3. Approval of contract #00-0415 with McGill Air Clean Corporation for 97 Electrostatic Precipitator replacement parts 4. Approval of agreement with Cape Fear Community College for Airlie 99 Gardens classes 5. Approval of matching incentive grant for Winter Park Optimist Club 109 (Hugh MacRae Park) 6. Approval of award of bid #00-0346 and approval of contract #00-0346 for 111 the purchase of elevated bleachers from Cunningham Associates, Inc. 7. Approval of Community Oriented policing Services (COPS) Grant Application 113 8 Approval of 2000 Real Estate Value Appeals 115 9. Approval of Budget Amendments: 9.1 #2000-38 Federal Forfeited Property 117 9.2 #00-0183 Foster Grandparent Program 118 r( ~~ i ~~~ ;. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Presentation of the 2000 Large Community Comprehensive Planning Award for the New Hanover County Tidal Creeks Program BRIEF SUMMARY: New Hanover County, as a project sponsor, has been awarded the above award from the American Planning Association -North Carolina Chapter for the County's long term commitment to the Tidal Creeks Program, including water quality monitoring and present work with the grant from the North Carolina Water Quality Trust Fund: RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the Board of Commissioners should accept the award and commend the Planning Department for its work on this project. FUNDING SOURCE: NA ATTACHMENTS: Application REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Accept the award and commend the Planning Department for their good work. COMMISSIONERS' ACTIONS/COMMENTS: 1 ~- AMERICAN PLANNING ASSOCIATION NORTH CAROLINA CHAPTER April 27, 2000 Mr. Patrick Lowe, Jr. Assistant Planning Director New Hanover County Planning Department 414 Chestnut Street; Suite 304 ' Wilmington, NC 28401 Dear Patrick: The North Carolina Chapter of the American Planning Association has an annual Planning Awards Program designed to recognize outstanding work in the _ planning profession. On behalf of the Awards Jury, I am pleased to advise you that New Hanover County has won the 2000 Large Community Comprehensive Planning Award for the New Hanover County Tidal Creeks Program. The awards presentation will be made during the NCAPA Planning Conference Awards Luncheon at 12:45 on Friday May 19, 2000. Luncheon tickets are provided to conference attendees. Information on obtaining luncheon tickets. for non-conference attendees will be provided to you at.a_ later,date. ~- !J The members of NCAPA look forward to seeing you in Raleigh Sincerely; Gerald Green, AICP Co-Chair, NCAPA Awards Committee ~yr~0~ J9~ 2 - C~ • C AMERICAN PLANNING ASSOCIATION NORTH CAROLINA CHAPTER April 27, 2000 Mr. Patrick Lowe, Jr. Assistant Planning Director New Hanover County Planning Department 414 Chestnut Street, Suite 304 Wilmington, NC 28401 Dear Patrick: The North Carolina Chapter of the American Planning Association has an annual Planning Awards Program designed to recognize outstanding work in the planning. profession. On behalf of the Awards Jury, I am pleased to advise ou that New Hanover Count Y Y ~ has won the 2000 Large Community Comprehensive Planning Award for the New Hanover County Tidal Creeks Program. The awards presentation will be made during the NCAPA Planning Conference Awards Luncheon at 12:45 on Friday May 19, 2000. Luncheon tickets are provided to conference attendees. Information on obtaining luncheon tickets for non-conference attendees will be provided to you at a later date. The members of NCAPA look forward to seeing you in Raleigh. Sincerely; Gerald Green, AICP Co-Chair, .NCAPA Awards Committee ~yDO~ J~~ GO~I~'~ffi /JG~F~o>+~s.~ 3 ~-; Deadline: 1 Postmarked by March 30, 2000 2000 N®rt~ Car®~ina Plan~ir~~ Awards To the NCAPA Awards Committee: I hereby nominate N~c>J l~-tJO~~ Cc~yt~~--~ ~~~~ Cr~S. `~tZ+::C-:.,~tb..t Title ot'suhmission fora 2000 Planning Award. Category C..~{'.-C~Z_ CG¢~~-ly~L-~ -~ ~ Jurisdiction Size lSy food -~ j. ~eC$1®Ill~ The followi~tg ~ittaclt»teitts are:nta»datory. S»b»tissio»s lacking these attaclu»e»ts rill trot be considered. < sets of each are regrtired. ~ 0 2000 NCAPA•Awards Program application form - this form. •~ 0 1 to 2 page summary of the subnusslon. 0 The names and addresses of the nciminatc~r, and a representative of the agzncy to be notified in the event this submission is selected to receive an award. If this submission is for an individual, that pel:~on must he Fisted as one of the contacts. 0 Fur project nominations, rn-gan[ze the summary Undei' the tOIlOWl11~ headings: setting, timeframe; significance to the planning field, innovations in theory, methodology, publications, accomplishments, and/or practice.- 0 Fur individual nominations, organize the summary under the following headings: nature of their cuntrihution, hmelY'ilme Sigllil~ICanCe Io the plilnning field, and leadership. 0 For the 2000 Special Theme Award, Smart Gt'owth. The nomination may be for a . prcijert, plan, orc[inance amendment, or other effort that furthers the concept of Smart Gruwtlt. An individua}, a;enry, organization, community, or business may have undertaken the effort nominated fur the award. It nrty have been a public project, a private project, or a ,joint effort. 0 optional, please submit one to three 3S nun slides of people, documents or representative sites. 4 Reidsville, 1995 Award Winner ~, SECTION B Please provide the following for the person nominating the projector person. Nominator ~ ~ ~-QW~ n ' of ~z.~ '~~ Professional Title ~~` Q~l~t~ ~ ~ t~l~-~~~L ~v~~ Address ~L~- ~-~~ S`~-~~'i C-~. - ~~~'T~- 3O~ City, State, Lip W [ L ~- a`1 ~ ~- Z `~ ~O Daytime Phone, Fax ~ ~~~` ' ~-~S ~ ~~ ~~ '' ~-SS~ Siena o ina r ~ Date SECTION C Names, addresses, and phone numbers of all persons to be recognized. C~~~) ~(Z~-.2 1ST ~ ~-:~ SC:c~ra,~z 1~~~~q~Z~Z3 NCAPA appreciates your interest in planning and hopes that you will consider submitting a nomination for an award next year. For additional copies of the application materials, visit us at: www.nc-apa.org ~ The new downtnst~r: skyline is a source of pride, I I; r'b;;'.` ~~`` ~ f n,, / ~.,~ floc a~ i ~~` ~~.`~ "'~.~.,\,~: r ~' ("~~~. n 1..^ . . Wiiisum-Salem cL t~en:tiyth County. 19~)S .1~~artl winner 5 2000 l~T®rth Car®lina Planning Ae~ards ~P L d'~ ~• 1. Setting s New Hanover County began to study its eshiarine watersheds because of growing community concern over declining water quality in the creeks and sounds. As rapid population growth exerted increasing pressure on the areas fragile and limited natural resources, estuarine water quality became one of the early casuialties. A gradual yet continuous decline, it tivould eventually result in the closure of once prime shellfishing areas throughout the county. With the closure of Howe Creek, a state designated Outstanding Resource Water, on December 6, 1991, all ofNew Hanover County's estuarine creeks were fully or partially closed to shellfishing. The water quality issue was further defined during the development of the Wilmington-New Hanover County Land Use Plan Update in 1991-93, as area residents expressed increasing concern over declining water quality; potential groundwater pollution; overdevelopment; and a perceived decline in the overall quality of the environment. As a result, land use policies were adopted that called for the County and City to take all necessary actions to prevent further deterioration of estuarine water gzrality and to bring all coastal waters zrp to the highest gzralitypossible. This included the protection, preservation and restoration of shel[fishing in the tidal creeks and sounds through the development of an Estuarine Watershed Management Program. Work began on the Program 'in 1992, with development of watershed profiles and review of exiting regulations. A preliminary report on the issues and recommended actions was completed in September 1993 and comprehensive tidal creek water quality monitoring by the Center for Marine Science Research at UNCW also began (see enclosures for additional background information). 2. Tizneframe • 1998-2004 Implementation Phase -Tidal Creeks Water Quality Enhancement Project - $17.5 million finding commitment for implementation -New Hanover County and the Clean Water Management Trust Fund • l 992-1998 Program Development Phase -Estuarine Watershed Program -New Hanover County, UNCW, Northeast New Hanover Conservancy . - Research, Planning, Demonstration Projects, - Comprehensive Plan Update(s), UDO development 3. Significance to the Planning Field, The Tidal Creeks (Estzarine Watershed Management) Program addresses community estuarine water quality problems and related land use issues through an innovative public-private collaboration that provides for unique research/demonstration projects, tidal creek water quality studies, and land use implementation measures. The.Program was designed as a collaborative effort between New Hanover County, the Northeast New Hanover Conservancy, and the Center for Marine Science Research at the University of North Carolina; Wilmington. The Program represents a creative departure from previous undertakings, in that the funding and management are a joint effort of the County, the University, and the Conservancy. In addition, the three organizations work closely together on special projects, such as the Futch Creek Clean Water Demonstration), l as well as enlisting the support of other groups- and agencies as the program evolves. These would eventually growto include the State ofNorth Carolina's Division of Environmental Health/Shellfish Sanitation, Division of Coastal Management, and Division of Soil 8c Water Conservation; U.S. Department of Agriculture-Natural Resources Conservation Service; Cape Fear Resource Conservation & Development; U.S. Army Corps of Engineers; and others. The Program's immediate purpose was to begin to gather data on the physical, chemical, and biotic aspects of water quality in each of the tidal creeks. The long term goals included`. assessing the environmental health of each creek, determining the mechanisms and sources of water pollution, and recommending strategies for short and long-term management of water quality and pollution. The Program's success depends tipon a . strong foundation of Cooperation, Protection, and Responsibility (CPR) to revive our tidal creeks and ensure the quality of our coastal waters-for generations to come. 4. ~ Innovations (publications/accomplishments) The Tidal Creeks program has contributed to the growing body of scientific knowledge about coastal water quality and several Scientific Journal articles have been published. as a result of the research and planning collaboration with UNC~V (see enclosures). In addition, the program has provided tangible water quality benefits to local residents, as well as economic benefits to the fishing/shellfishing industry. Long term water quality and economic benefits will be realized throughout coastal North Carolina by both current and future residents, the tourist industry, and local .governments. And most importantly, we will hopefully have contributed to the "quality of life" of our children and future, generations to come. 5. Slides Slides are available for the project. Some representative photographs are enclosed. ~ 7 • 2 ,~ ~Il~~~ ~./~'~~:~ ~Y V' ~1.~~1I°~l'1~~11 ~~1,~1"11~.~~IC~7~~1~ ~~~Y11 ~ ®Il'~TT 1LD ®~L1C°~1L g~~~~~.~ ll ~~~,~ ~II'~~1~~ U'V' dtl.(~~Ii' ~1.~~1.llIlt~ ~~1I~~.ICIlcC~IC1111.~IC1~ ~lI°©-c~cC¢ ~COv~ ~J~ v~L~ ~ F~~L.- ' ~ ~Szb~CS~ `~ Gi~~= ~~-, Cam`. ._ ~ ~~ 0~1 u.G~4'rt.c~ ~l.J ~~~1L1.11 1101Le1C" ~~ 1L e • I', ll~IlClt11'1~Il`~E~~,,\\3 A~~A'~~ETS~~iIQplECi i'~'~~&3'~II~22112I3'~ - ... ~ ~ l11~O1'YHS~07'y llJO.RiC~Cil 9 ~~~ - C6 ~~2 OIJL`C ~ v . \ .. I 1 .e r .. .. ~,. '~FOUR~:IY~AR~lE:1~fV;IRON~M:ENT.ALs,'ANALYSI` ~ as ,~,j~, a . ~ a , n~ '~ 1 t ~ "~ v ti~tt ,.x a: ' ~~ -k„ etas ~~ rJ W a -~~ ; t4~%.'~"p~ ~~ 1 ~~ ~ i~L~,c~ ~~~~°'r , `.a,~~~ ~kt°~~,,y.~y~~^'~~fs~?~~~''i3'ta~d A,i r ~~ d _ ~ li`~ ~.r4~y nt'ta'1"~ o ~~' v ^6~, i'~'~.~' '~' ~ ~+~bs7l~"'7~'-CLtl`' .: "M' ..=*u ~~"~* ,~ 2° '~. /~ 1 ,y~R ~ ~' .[ ~ 1 ~ 6 J iF~ !qtr 4-.t_ .~^{S '`ki` P LL~~~, ~~~~~~L. W.f ~at~ -,,,~^ 1 a 1 r•'` - •k~ ~ 5~~, +I` n ~ ~ ~ ~ , ,.,c• ~i- ~ ~ ~f<~""' wq ° ~ 7h' 7.fCIhA~ '" .. -.~~ ~, r .. ~ -x ~ .r ~~~•~~.~ ~g'e~ ~ ~~'~-' -NtS~T'4jf~~" i `~- ~ h ,~~1r~m~OV~R~ ~.OIJNTY~ ~~~I~D...~.~~~~4~'j~~Kh} :Hlr.~:leua. ~ a.~ ~.n.. ~ w s ~ J=am. ~•k _~ i •* :. . ~.. 1 fl 3 ~Yi ` ~:~~ • ~., ~~~ ;`..i... -. -~--_ _-s. .. , • ~ Ecological Applications , + ~~ AIIenYressMarDTP~o001:13PM2000^ A ~~~-~ j ' ; ~_ ( , L ~ V p"'1 303 e~ap 1° 422 Mp 3°3 _ ~t.. ss 1 1 l ~ l _ L.J File # 22T Q r ~. r . ... . . _. .. . {- , , Month Q000 MANAGING THE LANB-WATER INTERFACE . , a r .ir.. r a .rv .. ~.-., +..nr~ r r. w-.:....t. .~-.-..r'1.- ~.~.::...• i.~....: ~..~,~...: ...i.,..`•:... '• '. . . ,~ ..,~. -..LCY.. j.~~..'.~.i..t.. ' _-.~~. ~ ' Ecological Application:, 00(0), 0000, pp. 000-000 ~ 0000 by the Ecological Society of America EFFECT OF HUMAN DEVELOPMENT ON BACTERIOLOGICAL WATER .QUALITY IN COASTAL .WATERSHEDS , MICHAEL A. MALL1N,t KATHLEEN E. WILLlAivlS,t E. CARTIER ESHA`t,2 AND R. PATRICK LOWE3 t Center for Marine Science jiesearxtr, Tfte Universiry of North Carolina nr sUilmingron, Wilmington, North Carolina 28-SO~USA ~~' "' '-Department of hlartne Sciences, Universiry of Georgin, Athens, Georgia 30602 USA ~Nety Hanover Counry Planning Department, Wilmington, North Carolina 2840! USA Abstract. Human development along the land-seawater interface is considered to have significant environmental consequences. Development can also pose an increased human health risk. In a rapidly developing coastal region we investigated this phenomenon through- out aseries of five estuarine watersheds, each of which differed in both the amount and type of anthropogenic development. Over afour-year period we analyzed the abundance and distribution of the enteric pathogen indicator microbes; fecal coliform bacteria, and Escheric{tia coll. We also examined how these indicator microbes were related to physical and chemical water quality parameters and demographic and land use factors throughout this system of coastal creeks. Within alt creeks, there was a spatial pattern of decreasing enteric bacteria away from upstream areas, and both fecal coliform and E. coli abundance were inversely correlated with salinity. Turbidity was positively correlated with enteric bacterial abundance. Enteric bacterial abundance was strongly correlated with nitrate 'and weakly correlated with orthophosphate concentrations. Neither fecal coliforms nor E. coli displayed consistent temporal abundance patterns. Regardless of salinity, average estuarine fecal coliform abundance differed greatly among the five systems. An analysis of demo- graphic and land use factors demonstrated that fecal coliform abundance was significantly correlated with watershed population, and even more strongly correlated with the percentage of developed land within the watershed. However, the most important anthropogenic factor associated with fecal coliform abundance was percentage watershed-impervious surface coverage, which consists of ioofs, roads, driveways, sidewalks, and parking lots. These surfaces serve to concentrate and convey storm water borne pollutants to downstream receiving waters. Linear regression analysis indicated that percentage watershed-impervious surface area alone could explain 95% of the variability in average estuarine .fecal coliform abundance. Thus, in urbanizing coastal areas waterborne health risks can likely be reduced by environmentally sound land use planning and development that minimizes the use of impervious surface area, while maximizing the passive water treatment function of natural and constructed wetlands, grassy swales, and other "green" areas. The watershed approach used in our study demonstrates that the land-water interface is not restricted to obvious shoreline areas, but is influenced by and connected with landscape factors throughout the. watershed. Key words: development, Escherichia coli; estuary; fecal colijortn bacteria; impervious surface; nonpoint source; planning; sheflftshing; watershed. INTRODUCTION The land-~.vater interfaces along developed and de- veloping seacoasts represent key regions where the sus- tainability. ofnatural ecosystem functions can be com- a promised. Coastal ecosystems are undets, increasing stress from a variety of human activities ~vhic~t cause increased pollution, floral and faunal changes; and physical alteration of the environment (Vitousek et al. • 'I997, Epstein 1995). This increase in human activities ~~ Manuscript received 9 November 1998: revised 26 A ri1 Ceu;taz ~~ p 1999: accepied t~ September 1999. For reprints of this Invited ' G0'3~ Feature, see footnote 1, p.x. stems from coastal population increases coupled with growing coastal tourism (USEPA 1992). Much of the attraction of coastal areas to both residents and tourists involves water contact, such as swimming, finfishing, and shellfishing. However, those who participate in such activities face increasing human health risk from pollutants resulting from growing coastal urbanization) 1 Southeastern North Carolina, United States, is a rapidly developing area which typifies this situation. As human development has increased along this coastline; the nu- merous small estuaries subsequently have been closed to shellfish harvest for human consumption due to high fecal coliform bacterial counts /Mallin~Pt nl (9951 ~~ {This page intentionally left blank} ~: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 2 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Bruce Shell and Dave Weaver SUBJECT: Consideration of Reimbursement to Carolina and Kure Beaches for Hurricane Repairs BRIEF SUMMARY: As indicated in the attached letters and minutes, the Ports, Waterway, and Beach Commission is recommending that Kure Beach be reimbursed $176,491.95 (95 percent of $185,781) and Carolina Beach be reimbursed $84,704.85 (95% of $89,163) for hurricane repair work. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Board of Commissioners reimburse the Town as indicated out of the Room Occupancy Tax Fund. FUNDING SOURCE:. ATTACHMENTS:' ITEM DOES NOT REQUIRE REVIEW Recommend approval~~~~ Cf1MMICCIr1AIGr~C' A!'T (1AIC/('/'1MMCAITC. ~ 13 WILMINGTON-NEVI/ HANOVER Port,. Waterway & Beach Gommission May 25,2000 der a~sl,rt~ile: # 341-4025 Mr. Bruce She11 New Hanover County l~inanec Office 320 Chestnut Street Room 602 Wilmngton, NC 28401 Re: Hurricane Repairs for Kure and Caz~olina Beach Dear Mr. Shell: ~ ~ "` ' On Apri120, 2000 the Wilmington-New Hanover County Port, Waterway and Beach Commission met to consider reiynbursement xequests for hurricane damage to beaches at Kure Beach and Carolina Beach. The recommendations of our comtrussion are as follows: 1) Kure Beach -- We recommend tExat Kure Beach be reimbursed fxom . the R.O.T. an amount equal to 95% of the requested amount of $185,781.00. 2) Carolina Beach - We rccominend that Carolina Beach be reimbursed frozn~ the R.O.T. arz amouzat equal to 95% of the requested amount of $89,163.00. Please advise if you have any questions regarding these requests. Sincerely, . 'c and atlin Chairman 14 ONE ESTELL LEE PLACE -WILMINGTON, NORTH CARLOLINA 28401 - (910) 762-2611 995-d l0/l0'd 010-1 £991Z9ti016+ S1SIlN31~S ONV Sb33N19N3 NI11V~-woad wdg0~b0 00-9Z-~~W FP.G?M :.Wilmington Chamber of Commerce PHONE N0. 91@ 762 9765 May. 25 2@00 GJ1:40FM P2 .~ W1t~'MINGTOAI-NEW H~NQVEFt Port, Wat~rvuay ~ i3each ~ornmission ~,~ Minutes of the Wilmington/New Hanover Port, Waterway & Beach Commission April 20, 2000 4:00 P.H. Chamber Office p~•esent: Ms. Medlin; Mssrs. Catlin. Bedsole, Caster, Hanson, Metts, Loving., Randall. Reid and August"inF. Guests; Carolina Beach Mayor Ray p, Rothrock. The meeting was calJ.ed to order by Chairman Mick Catlin. Metts/Medlin moved foz the approval of the minutes of the last meeting. (E'ebruary 1, 2800) The motion carried. Chairman Catlin introduced the letter from Carolina Beach requesting reimbursement fob hurricane repairs o>: $89>J.63. Metts/24edlin moved we recommend to the bounty Commissioners that .Carolina 13each receive reimbursement zrom the Room. Occupancy 9'ax employing the 95/5 o raCioi~. ' xhe motion passes. A request from Kure Beach for $185,!8'5 was discussed.- Diayor Medlin indicated that. they were working with a new 1:'EMA representative. Tf the expense should change. Betty indicated that the county would be refunded that amount. Metts/Bedsole moved that we approve th.e request and refer ~.t to the County Commissioners with our recommendation for payment. 'the motion carried. Catlin .referzed to the letter from the A1. C. Water meeting' with t1C Resources Congress announcing the . Legislators at the Velvet Cloa)c, Raleigh on the morning of Ma}t 31st and the urgent request that we contact the Governor and our state legislators to support the Water Resources budget-for the coming year. Bedsole indicated that- the T1. C. Ports Authority is sending its own letter for ;Lts state Funding request. It was decided that those wanting to attend the Raleigh meeting on the 31st of May would meet at th.e Chamber at '7;30 a.m. that morning and car pool from there. .~,, Howard loving asked for a Shaw of hands of those who plan to attend so that he can send in the registration Eees. ONE ESTELL in~E PLAGI` - JV{LMINGTON, NORTH CARLOLlNA 28401 - (91 Q) 762-251.1 FP,OCI : Wilmington Chamber of Commerce PHONE N0. 91J 762 9765 ,y.,: 2'~~ May. 25 20G~0 01:40PM P3 R page 2 Notice: Commission members that Were absent today but Want. to attend the May :3lst meeting, need to contact Howard .Loving at the Chamber so that he can include their names with the reservations for the event. ASAP- Chairman Catlin recently zeceived an updated list of county appointments to the Port, Waterways. and Beach Commission.- He also received a charter outline of the commission's responsibilities. The inclusion of "Water quality a.nd environmental issues" in our charter raised,a number of questions and 'considerable discussion. County' Commission Lhaaxman I3i11 Caster Wi.J~I check th~.s out and give us a report at a later meeting. • Metts/Medlin moved we adjourn. The motion carried.. - Chairman Catlin adjourned the meeting. • ~;;~,.,, ~F c-t•tu-1.l:~subma.tteik. t~./ tine ecretary/'1'reasuzer ~/ ~ , !~ • !./ Q~,;r~ ~ R,~ - ~~ ~ - ~~ ~.~~C~ W~ C~~~ ~~.~~ ~ ALA C~~ ii7 SETT1,f;R5 LANE • POST OFFICE E3pX 3 ~ KUfiE BEACH, NORTH CAROLINA 26449 ni r ~ ~ ~*,~~ TELEPI-LONE (9i0) 456.8218 • FAX (910} gS8.7g27 '~ cA~,o March 27, 2000 i1~r. Richard Catlin, Chairman Pram, Waterway and Beach Commission c!Q Richard Catlin and Associates 220 Qid pairy Road .Wilmington, ~#.C, 2805 Lear hllr. Catlin: On September 30, 1999 the Town of Kure Beach presented estimates tQ the PArt, Waterway and Beach Commission of Hurricane Floyd damage to beach structures totalling $268,470. After competitive bidding of the projects, the damage assessment was reduced to $205,531 and an update was provided to .the Commission on February 1, 200Q.. We have submitted appropriate claims to FEMA and our insurance carrier. Our insuranca~ carrier has reimbursed the Town $19,750 for work an the beach accesses. FEMA has denied reimbursement for emar~ency beach bulldozing and dune grassing and has delayed final rulings pending our appeals or1 sand fencing repairs, storm water outfali repairs and signage replacement. Our discussions with FEMA representatives lead us to believe that we will not receive favorable rulings on th+~ outstanding items. Base cn these findings, we request khal khe Cornmission endorse a request for reimbursement of up to $185,781 from the Room Occupancy Tax Fund. As with Hurricane Bonnie, we will submit expenditure documents to the County Finance Office to apply-for rsimbursment and any expenditure requests will be reduced -should FEMA elQCt to honor any of our pending claims. Attached is an updated damage assessment list of Items that are currently under repair ar have bean completed. We appreciate the Commission's cansiderakion of this request for ROT reimbursement funding and are prepared to provide additional support information, Ve Truly yours Hetty t_~Medlin, M yor ,.~"~, G~~ OMOwen/Floyd-09 17 •• r. . <~. v v 1 !7 V +< .<, 1 V W~~ u ~- h V F G D C Yt V fl 7 1 J Y J O 1 Y< 1 ,.TOWN OF KURE BEACH HURRICANE /Ft_OYb EVENT 9/16199 BEACH REPAIR AS5ESSMENT S`fATUS 3125/00... 18 EMERGENCY DUMF. FROTECTIQN WORK $16,125 Signif cant damage to building structures and beach erosion occurred in the saUtharrt end of the Town pf Kure Beach to the Ocean Dunes and Riggings Towntlousa and Condominium :Complexes from the storm surge: ~~Sand was rorn~aved from the parking areas and stockpiled on the beach along e strekch of ' ~QQQ feet. A. contract was negotiated with a local contractor to reform the ataokpil$d sand into a continuous protec#ive dune approximately three feet high to a width of ten feet immediately in front of the Complexes. The work in front ~f the Ocean Dunes Complex has :been completed: PU~I.iC BEACH AC~ESSE~ AND STRUCTUF~FS , ~1,68Q Thera era 31 structures along the beach of which 9 or 29°fo incurred soma damage. The,.mosk serious darnaga„aecurred to two handicapped accassds, two emergency. v~hicie accesses and three public accesses located at the sowth end of the Town: Through campotitive bidding,.a contract was awarded for the repair workwhieh has boon subskantially,completed, The Town insurance carrier ~~ reimbursed. $i 9;75a of repair costs„ Engineering f ess associated with the bid package praparati~n and bids were not reimbursed, ~1,680.~ ' ', STORM WATER OUTFAbLS $69,8fJ~ There are.lta ~torm.waker outfalls that provide drainage of storm weter from the' ' eastern portion of the Travvt'into'the ocean. The outfalls were put in initially by the NC1~O7 and extended by the Corps of Enginaers.as part of the beach r~anaurishment project.. Two of the outfails ware still performing. p'ive were net visibly operating as the outfall terminus was buried in the sand, Nine okhers had visible damage.with loss of pipe'se~tions or separation ort joints. Through ~mpetitive bidding, a contract wes awarded and the repair work is underway. ,% 1 s sAty~ FENCING X12,277 Most of the ~.1 miles of beach had the primary dune, 1 ~.5 feet above sea level, overwashed by the hurricane storm surge. The sand fence was installed on the backside of khe dune and wee severty damaged ar destroyed. Through corh~etitive bidding, the Towri has purchased replacement fencing and posts. Inmate labor is being used for installation. BEACH GRASSING $79,145 The sl;arm surge averuvash destroyed 90 % of the beach grasses, most of which were less than two years ald. it is estimated that 20.6 acres o~ replacement grasp will need to be r®plaritad. The replanting is being limited to a width of 50 feet versis the initial Corps planting design of 7Q feet, After the next renburishment, in 2001, it is planned to add the additional 2Cl feet. The same specification of beach grasses would ba used, which is primarily American Seaeh Grass. We have negotiated an agreement with the contractor used by the Corps in the initial planting, Tha contractor has completed the replanting accarding to the original specifications. S1GNA~E $6,754 Tha storm serge overwash destroyed ar damaged 70 signs pasted on the pcean side of the dune. An additional 60 signs posted at beach accesses, vehicle aCcessps and outfalls suskained damage or were destroyed. We have negotiated an agreement with the initial sign supplier snd plan to use contract Iabr~r for the installation. The signage has been ordered and will be installed before the onset of th® tourist season. TOTAL. ESTIIVIATEp STORM El/ENT REPAIRS GMOwen /floyd-01 $185,781 ~ 19 _. ..May..=25-00 10:30A Town of Carolina Beach Ray P. Rod~rock tlrh'vr Pat 7=fird Cuuncil>wrna,r Joel NLticon C'ouncrJmun 91-0+458+2997 P_02 A/enn1S B;1TtM117' rLtavpr f'ro 7'e,n Mary I?octsctx '• cov„~,rm~, Calvin R Prc{r 1r. T.o>,nillrnta~{er TOWN OF CAROI.TNA BEACH .. 1 i Z 1 iY, Lake Park Boulevard Carolina Beach, North Cavlina 2842g 910 458 2994 . FAX 9l0 458 -2997 March 20. ZUUU Mr. Rick Catlin, Chairman Pert, Waterway, and Beach Commission c/o Richard Gatlin and Associates 22U Uld Dairv Road Wilmington, N.C. 284US Re: Request for reimbursement, beach cro.sion repair work, I~TOrth I/nd, Carolina Beach Dear Mr. Catlin: , On Si:ptcmber 30, 1999, the Town. of Carolina Beach requested and received pre- approval liom the Ports, Waterway and Beach C'omrrtission to perform approximately S 1 UU,000 of humcane i•elatcd repairs to the North End bcachfror,t. We have now cotnplcted those repairs .and are requesting reimbursement in the amount of $89,1113, Tlis is considerably less than our initial pre-approved c;stimate; We completed three projects. The first was to rebuild the borm on the north end of our leach. The tot<ll cost of~this project was $71,17b to replace 28,700 C1r of sand, wl;ich was completed October 22; 1999. The second was to plant beach grass on this rebuilt beml. Working with a local company we received a much better price than originally estixtlated and spent $7,862 for planting. Because beach grass can only be planted at certain times of the year., this project was completed March Z, 2000. The.third project was a carry-over lions Hurricane Fran, Dtte to Scheduling and certain CAMA. permitting issues, one beach crossover was not repaired after that hurricane. Daring Febnrary aril March 2UUU, we had a contractor doing a considerable amount of Hurricane Floyd repair work: We asked that cot;tractor to tivark with us to get that other crossover repaired. Since he was already on the job in the area, he ga~~e us a quote of $10,125 for the job.., This quote was only good for the time he was here doing other work; we accepted this quote and had him complete the work, being certain that this is also the type of repairs that have been approved previously. i~ f` 20 ,May--25-00 10:30A Town of Carolina Beach 910t458+2997 f'_03 Nlr. ,Rick Catlin, Chuir»1c7n- P~t't, 13'irtenvay, ctnd Beuch Cotrtnri.rsion . March 3, /~4y Puge 2 The total for these jobs carne to lU% less titan the estimated and pre-approved amount of $1 UU,000. Therefore, the Taw.n of Carolina Seaclt respectfully requests that we be reimbursed in the amount of $89,163 froth the Koom Qccupancy Tax Fund collected in part for beach maintenance. I would like to lake this opportunity to thank the Commission for their consideration of this matter and should you have any questions, please call nie at 458-2993. Sincerely, Kay P~ tluock ~~- 1~Iavor /id cc; Port, Waterway, and Beach Commissioners New Flanover Cc,unty Commissioners Town Council ~~ Manager Jeff Harris, Town planner Ld Lehman, Director of Public Works Attachments !:[voices and Purchase Orders • 21 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR. BOARD ACTION Meeting Date: 06/05/00 s Regular Item #: 3 Estimated Time: Page Number: Department: Legal Presenter: Dr. I. A. Roseman, Chairman, Airport Authority Contact: Wanda M. Copley, Airport Attorney SUBJECT: Consideration of Approval of Extension of Airport Lease BRIEF SUMMARY: The Airport Authority wishes to extend its lease with the County until December 31, 2099. .Please see the attached letter from Dr. I, A. Roseman, Airport Authority Chairman to Chairman Caster. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider extension of the lease. FUNDING SOURCE: ATTACHMENTS: Yes. REVIEWED BY: ' LEGAL: FINANCE: N/A _ BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider lease extension. However, you may wish to consider an extension for less than the period proposed. For instance, an extension to 2031 would allow the Airport Authority to tell potential developers that indeed they do have 50 year le A great deal-can occur in a 99 year period.. COMMISSIONERS' ACTIONS/COMMENTS: ~ ~O • ~..: Airport Authority [. A. Roseman, D.D.S. Chairman E. L. tvfathews, Jr. Vice Chairman John M. Coble Parks L. Griffin Carter T. Lambeth Ezecutive Dimctor Willard G. Plartl, Jr., P.E. May 23, 2000 ~~ WILMINGTON INTERNATIONAL AIRPORT 1740 Airport Boulevard Wilmington, North Carolina 28405 (910) 341-4333 (910) 341-4365 FAX 'Web site:lfiIp://wvnv.airpoR-wilmington.com o-mail: ilm~airport-wilmington.com Mr. William Caster Chairman ~ - New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401 Dear Bill: On July 1, 1989 New Hanover County and the New Hanover County Airport Authority entered into a lease agreement leasing the New Hanover County Airport to the Airport Authority. The lease runs through June 30, 2019 and allows for a thirty (30) year extension at Lessee's option. Potential clients interested in leasing for development of the airport state that some need leases for fifty (50) years or beyond to strengthen their investment. The Authority believes that in some cases an extended lease period is necessary for major commercial investments to occur. '. The Authority at its .regular meeting on May 17, 2000 authorized me to approach the Board of Commissioners and request a new lease be prepared between the Courity and the Authority to run until December 31, 2099. The new agreement would give us the ability to enter into long term leases with commercial developers for the betterment of the Wilmington International Airport and our community. We request your support in this matter. On behalf of the New Hanover County Airport Authority, thank you for considering our request Sincerely, I. A. Roseman, D.D.S. ~ - Chairman -New Hanover County Airport Authority IAR/jj:aptlease 24 ~; r°i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 4 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Allen O'Neal, County Manager. SUBJECT: .Review Recommended Funding with Several County Departments and Other Organizations and Hold a Public Hearing on the- FY 2000-2001 Recommended Budget. ~' BRIEF SUMMARY: Beginning at 6:45 p.m. on June 5, 2000, the Board of County Commissioners will review FY 2000.2001 recommended funding with several County departments and other organizations. A public hearing will be held at 8:00 p.m. to receive public comments on the FY 2000-2001 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Begin at 6:45 p.m. on June 5, 2000, to review FY 2000.2001 recommended funding with several .County departments and other organizations. Hold a public hearing at 8:00 p.m. to receive public comments on the FY 2000-2001 Recommended Budget. ~ , . FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL:. FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOM DATIONS: Hold hearing • receive public comment. ` COMMISSIONERS' ACTIONS/COMMENTS: <~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS FISCAL~YEAR 2000-2001 BUDGET`MEETING MONDAY, JUNE 5, 2000 NEW HANOVER COUNTY COURTHOUSE -ROOM 301• 24 NORTH THIRD STREET, WILMINGTON, NORTH CAROLINA " ; AGENCY ~ ~ . SHERIFF' S DEPARTMENT . " NEW~HANOVER COUNTY SCHOOLS SOUTHEASTERN CENTER .. " HEALTH DEPARTMENT , • DEPARTMENT OF SOCIAL SERVICES ~" "~ ~ • CAPE FEAR COMMUNITY COLLEGE COURT RELATED FUNCITONS PUBLIC HEARING ON FY 2000-2001 RECOMMENDED BUDGET l~ 26 ~ ,.. 3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS FISCAL YEAR 2000-2001 BUDGET MEETING MONDAY, JUNE 5, 2000 NEW HANOVER COUNTY COURTHOUSE -ROOM 301 24 NORTH THIRD STREET, WILMINGTON, NORTH CAROLINA AGENCY • SHERIFF' S DEPARTMENT NEW HANOVER COUNTY SCHOOLS SOUTHEASTERN CENTER HEALTH DEPARTMENT DEPARTMENT OF SOCIAL SERVICES CAPE FEAR COMMUNITY COLLEGE DISTRICT ATTORNEY F-i ~~. JQ~ vi C.~Z QiSfi~1C~' PUBLIC HEARING ON FY 2000-2001 RECOMMENDED BUDGET • ' _ ~ .. NEW HANOVER COUNTY BOARD OF COMMISSIONERS FISCAL YEAR 2000 - 2001 BUDGET MEETING MONDAY, JUNE 5, 2000 NEW HANOVER COUNTY COURTHOUSE -ROOM 301 24 NORTH THIRD STREET, WILMINGTON; NORTH CAROLINA PHONE NO. AGENCY SHERIFF'S DEPARTMENT Presenter: Ce11612-6600 Sheriff McQueen Major Lanier Major Spell Captain Johnson Captain Smith NEW HANOVER COUNTY SCHOOLS • Presenters: Pager 815-9628 Dr. John Morris, Superintendent Nancy Wigley, School Board Chair Mary Hazel Small, Finance Officer Board Members: Oscar Graham Ed Higgins Don Hayes Andy Wells Budget Committee: Nancy Wigley (Chair) Steve Bilzi Deborah Keck SOUTHEASTERN CENTER Presenter: Pager 815-8152 Dr. Costantini, Director -. ` ,,. \J PHONE NO. AGENCY HEALTH DEPARTMENT Presenter: 395-5585 William T. Steuer, Board Chairman Cell 612-1684 David Rice, Director Office 343-6592 Lynda Smith, Assistant Director Cindy Hewett, Business Officer Board Members DEPARTMENT OF SOCIAL SERVICES Presenter: Jean Cherry, Board Vice Chairman Thomas Arthur, Board Member Dick Snyder, Board Member Office 341-4755 Wayne Morris, Director James Oxendine Karen Vincent Wanda Neidig Chris McNamee CAPE FEAR COMMUNITY COLLEGE _ Presenter: Cell 612-7778 Dr. McKeithan, .President . Home 350-0862 Office 251-5101 _ Camellia Rice, Vice President for Business Services .Jon Rosborough, Board Chairman DISTRICT ATTORNEY Presenter: Ce11232-8292 John Carriker, District Attorney Office 341-4520 8:00 P.M. PUBLIC HEARING ON FY 2000 -2001 RECOMMENDED BUDGET l~ J 0 0 0 e O ~ ~ e e ti O M c r M N Z ~_ O Z ~ `W N U Z W a D W F- a O v U ~ W ~ ~ d v ~_ ~ W Q' U W Q' d '~ C O ~ ~ U ~ O ~ } V ... 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C m C N +, ~ ` + •+ y O Y N U c a d m ~ ~ ~ . ~ W ~ U c 0 .Y c N a a U c N m Q N C 7 3 .~ 0 N °~ x a~ E (~l. ~/ 0 '~ ~ W ~ ~ ~ ~ W U W '~ d C r ~ ° E v W } ~ ~ LL V ... d ~' r O N p d W ~ Q ~ Ll. N .... O ~ Q d ~ Q ~ O t}i Q o ~ o O I~ M tf) r ~ (D d0 t(7 ~ ~ ~ O '~t ~ ~ M N !,R I !fi 00 ~ M ~ N M ao cYi iri v ~ ~ 00 M d' fly IEff N ~ r- tC) ~ O 1~ ~ N ~ N rt M O M 6f? O CO `7 O I~ N M I~ t17 N O N N V o0 O ~ tf~ r li? IfA O ~ ~ I~ ~ M f~ ~ CO CO ~ M ~ ~ O 00 M t1') \° e O W I-- a ~, a c W ~ ~ ~ ... D d W U W d C O ~ ~ U W ~ O R' W V .... d '~ r O H ~ ~ 41 W ° ~ ~ } ~ LL ~ ..~ O -p O ~ O) p_ ~ O t}i Q o o ~ ~ ~ ~ O (~ ~ C ~ ~ iA M tf ~ ~ ~ r ai r a FA N CC N ~ N (1 ti ~ ~ « cr C M C` O ~ O ~ f~ C O ~ 'V' O M ~ f~ C V ~ O (f cp r o~ r .a. ~ M (` ~~ O M . O ~ ti > ~ - M . ~ EA > N CO > co > o0 • ~ c- fA (O I~ t1') CO O > ~1' J ~ CO i!") V i ~ > ~ N > t17 _ ~ fA > I~ O M ~ O > ~n ~vj J ~ 0 O W H a O v U C W ~ ~. d ~'' a w U W Q' d C O ~ ' ~ U W } O ~ ~ U ~ d _ 'o O y ~ ° m w o ~ ~ } ~ LL N v Q' O y Q1 O. ~ O v LL Q 0 0 ~o ~ O ~ 00 O CO ~ OIL O O N IN ~ ~ O O O O O 0 0 o O ~ Gf~ O O O O O '~ ~ ~ ~ ~ .- M IM b4 O O O O O V [h r ~ V' 'ct M M 6R !A M O M ~ ~ ~ l(') N N rn rn N N \° 0 0 O ~ U C W ~ ~ ~ ... o ~ w U W Q' d C O ~ ' ~ U ~ O ~ ~ V LL d '~ r _ ~ N Q ° ~ w o ~ } ~ ~ LL ~ O 'p O d ~ Q m O v t}i. Q 0 O M M N i M N tf) O W v O O O tD N O O ri N O N O 'fit 6H !A ER ER 69 fR d d O U N ~ ~ w .~ ~, a~i ~ ~ ~ ~ ~ N ~ LL o a d ~ ~ U a .a y :° ~o i v n i y w i a ~ d ~ U y d w dU <° w U y d w a D a i c c ~' ~ ~ ~ ~' ~ a i _ ~ ~• R 'a ~. t ~ d d ~ ' . ~ d d d d d C ~ C G1 v ~ ca a > > ~ a > ~ a a > > > a o~ d x as o o x d o m x a~ o o x a = w~c~ to w~-c~ t~ w~U c~ w ~, C O i . r U X i a E TO:: Allen O'Neal ' - FROM: ..Cam Griffinl~°'~ . DATE: _ June 5, 2000 ' RE: COUNTY COMMISSIONERS' WORK SESSION ON MAY 25 Following are some. of the changes the Commissioners seemed to be in agreement on or leaning towards. Item Increases Decreases Items.On Which Their Seemed To Be Agreement: Elderhaus 54,800 H - Coastal orizons/Crisis Line/Open House 25,000 DSS Medicaid 79,800 j Planned Parenthood/Quality Care 7,000 Planned Parenthood/Parents as Teachers 15,000 ~ Greater Wilmington Film Office 10,000 ~ Bellamy Mansion ~ 12,000 ~ ' i ~ ,Items On Which Concern Was Expressed: Contracting for Assistant DA gg,929 ' Groundskeeper Airlie 26;666 Groundskeeper Airlie 26,666 . I. j Please let me know if you have any questions or need any additional information. t_ ~ A ~, Wllllam.~. Caster Che ~ man ..-. Robert G. Greer Vice-Chairman ~uzz Birzenieks Commissioner Ted Davis, Jr. Commissioner Charles R. Howell Commissioner ' f~ffic~ of ~1Eilt ~221tIIfTEX ~It1TXT#~? 3 z II f1~llBS#xtix# ~#r>'~e#, ~ yam 3II5 ~ilmirtg#urt, ~Ar#Il ~ttr>xlirtrx ~84II1-4IIII3 (`~rl~Pllaxce (91II) 341-714 ~ttx (31II) 341-413II ?~~ yi ////!A 9 OF .~.:.~40J NOR7H~ . Wanda M. Copley County Attorney Allen O'Neal County Manager Lucie F. Harrell Clerk to the Board June 15, 1999 Mr. Edward B. Higgins, Chairman New Hanover County Board of Education ' 1802 South 15t" Street - ' . Wilmington, North Carolina 28401 Dear Mr. Higgins: ~ , The New Hanover County Board of Commissioners held a budget work session on Tuesday, .June 8, 1999, and increased the County Manager's. funding recommendation for the Schools by $1,147,402. ., The additional funding is for current operating expenses. The new funding recommendation for current operating expenses is $39,274,481, an increase of $4,613,500, or 13 percent, over FY98-99. Attached is the revised funding for the Schools. Total local funding allocated to the Schools is $50,457,268, an increase of 17 percent over FY98-99. The allocation for the Schools is over 30 percent of the General Fund budget. Please let me know if you have any questons or need additional information. . Sincerely, ' - ~~~ . ' William A. Caster Chairman, New Hanover County Board of Commissioners Attachment ~. ~R 0.. R. ~--- NEW HANOVER COUNTY SCHOOLS 'SUMMARY OF REVENUES & EXPENDITURES (Revised 618/99) FY 98-99 FY 99-00 FY 99-00 DOLLAR PERCENT ADOPTED REQUESTED RECOMMENDED INCREASE INCREASE REVENUES: Transfer in 1/2 Cent Sales T $ 5,301,213 $ 5,414,873 $ 5,488,648 $ 187,435 4% Transfer In/County 37,937,121 63,743,940 44,968,620 7,031,499 19% ' TOTAL REVENUE $ 43,238,334 $ 69,158,813 $ 50,457,268 $ 7,218,934 17% EXPENDITURES: . Current Operating $ 34,660,981 $ 45,950,114 $ 39,274,481 $ 4;613,500 13%_ Capital Outlay 2,677,753 14,971,440 .2,945,528 267,775 10% Contr. Sch Pension .Fund 250,000 559,000 559,000 309,000 124% Principal on Bonded Debt 2,251,890 2,989,290 2,989,290 737,400 33% Interest on Bonded Debt .2,760,304 4,453,969 4,453,969 . 1,693,665 61% Bond Service Charges 0 35,000 35,000 35,000 N/A Installment Payment Other 437,406 0 0 (437,406} -100% Siemens Building .Payment 200,000 200,000 200,000 0 0% TOTAL EXPENDITURES $ 43,238,334 $ 69,158,813 $ 50.,457,268 $ 7,218,934 17% r ~3 ~;:~ ' ~.A .. :. , ,~ NEW NANOVER COUNTY. P ~ ~_ ~ ~ ~ INTER=OFFICE ~ . x - .. a.. ,.~~ t n:\.•• //`S.%% - .... ~3!.. - ..M . V L .~ I i -. PTO: ." Board of County Commissioners. .. . . . ~<< Allen O'Neal, County Manager "'"`C./ -FROM Cam.Griffin, Budget.Director~ ~ v n ~ DATE: ,June 2, 2000 ,_ -.• .~. ~ . ` ` ~: SCHOOL INFORMATION ' • Followin is some information•-that may be helpful as you continue the review process on the FY ' . 00-01 Budget. •, j ~ ~- . ~ ~ A question was aised regarding the number of cents needed to fund t11e increase in the schools' - .debt service from FY 99-00 to FY.00-O1. It 'will require 3.04 cents for the increase in debt . ~ , ., . ,. service and 7.79 cents ao fund the schools' total debt service. (Backup- can be found on Page 24 ~ - ' ~ ' ~ of the FY` 00-01 Recommended Budget:) - ~ Schools' Debt Service. ~ - - .., ...' . FY 99=00 ~ ~ FY 00-01 Increase -. ' °: $7,443;259 $12,216,228 ' ~'' ~ - $4,772,969 .. • _ , ` ' ° Value of penny in FY 00-01 is $1,568;000. ~ ' ,. , ' ... $12,216,228 divided by $1,568,000 is 7.79 cents, . ~ ~~ ~ $ 4;772,969 divided by $1,568,000 is'3.04 cents.. ~' During FY 99-00, a budget amendment- for .$4,734,130 was approved by the schools moving:: ' funds from their fund balance to capital outlay (attachment). A summary of items funded is also _ ' :attached. The schools, plan to appropriate an additional $473,781 in July 2000. The. schools'.. ' .current fund balance is $10,260,054 (attachment). ' ~ ~ ' .. .. . . The increase in County funding for current operating and; capital for the schools .between FY 96- ' ' ' ~ 97 Adopted and..; FY 00-O1 Recommended in 1999 dollars is 45 percent: This -adjusts. for inflation, but' does..not include increases for debt service. County population and school enrollment over the same period follows: :. An increase in ,~ 1997. ~ 2000... ~ Increase' ".. % Increase ~; ' : ` County~Population : • . 147,761'- ~ '`156,230 ~ 8,469, 5.73% . School Enrollment 21,335 21,425 ~ ~ 90 ~: , 0.42% Please .let me know- if you. have any questions or need any additional information. ~? 9- .. . ~ t ~/ -s 06/01/2000 15`'50 9T0-2544295 '~ ~ ~- FIhdANCE ' '""`- "` New Hanover Caunty•Schools • Fund Balance Summary for 1999-2p00 Beginning Balance per $/~C1 Financial Statement 16,729,466 Reappropriation for Prior Year Carryover.Balances , (Grants, lnstr..Supplies, & Staff Development) (1,4$3,379) t3udget Amendment #8 (Special Appropriation for exceptional Children) (115,300) Budget Amendment #10 ~ • ('1"ransfer to Capital Outlay} (4,734,130} Budget Amendment #10 (Special Appropriation for One-Time Expense) (136,603) Ending Fund Balance as of 5/23/00 10,260,054 ,NOTE: ,One-Time Expenses to be appropriated in July 2000 total $473,781. • _ ~.: \...i ~ " -- .Capital Outlay` - ~ _ , , ' . , Summary of Requests - 2000-200 . " ~. ' ~ ~ `~ _ .. ; ~ _ :; ~ , To be funded , . . `. „ :., ,, .. :. Recommended d :~ by Fun County . .. . Projects ~ Balance ~ - .Request' { . ., Cate o 1 , BulJding Improvements, ~ g ,_rY 9 609 878 ' ,324,000, ~ , , ~ ~; 6,554,609 " , , 4 , Priorities t - 2 'Category 11,;- Furnlture and Equipmen# Furniture and Equipment (non-technology) , .. . ~ . Elementary. ~ 167,023 , ~ ' _ _ ~ ~' 58,51'2: Middle . ~_: .- ~ e : . `. .. High - .. ~ •', 20,054. Markerboard Replacement. ~' 139,470 ~ , .- Departments ,~ , 54,869 ' ., ~ ,. _ .. Sales Tax• - ~ 1$,027... . , . : ~ -~ - ;. ~. 000 °:Contingericy~ - 60, ., 517 955- " 517,955 ~.. ~ .. " .. ` - ' , Subtotal. . ~ Technology .... ,. .. ' ' Operational Needs ~ ` .•167,000 ~ ~ ~ '° . . , ' ' ~ ~ ' InstructionaUAdministrative 420;.675 ~ ' - ~ ~ -.- . 587,675 .,, 587;675 _ , .. , , , . , ~•. , ',_Su6tofal Gategoryll ~' , . 1,'i05;630 ~ _ 1,105,630 ~ . ,.. ;, ... ~~ Category lIL•° ,: 304;5 00 304,500 ; _ - . - . Transportation .. .°~ $ 11;288,739 ,Total .. .. .. .., .: $ 4,734,130. ~ $ 6,554,609 . , . „, . . . . ._ :. ~ . .. 3 , . . . , ., y ,• ~ ,, : ~ _ .. o .' ': ._ t .. n ~ ~. ., r ' - ~ ~ ,. ~ - ~ ~ ~- .: ~,. .. e _ ~ .. , - .., ..,:gip.. . y . .. .. - ~ ~ .. _ . .. ~.J~ \J i ~~ ... . , .~ ..~, ~ ~ ~~ ~ ~ ~ ~ -~ . ~ ~ ~ ~ ~ ~® ~ ~ ~ .~ ~ ~, .~ ~ ~ ~ . . ~ o~ o ~ ~~ ~ :~ o O '~ ~'°{ N O pip o0 _ O N O `O ~O ~ ~ ~ N ~ W ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " ' .~ ~ ~ ~ ~ ~ ~i ~ .. v ~ ~ [.~ ~ -b . b '~ ~ ~ ~ ~ ~ n ~' ~ ~ ~ ~ N ~ c O , ~0 ~ O ~ N ~ .4 a ~ ~ _ ~ ~ Q ~ ~ O ~ ~ v . . ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ l . ... _ ., ~ ~ ~~ ~~ ~ ~ p ~ o ~,, cc ~ o .. ~ r-.~ ~ ~ a~ ~ ~ ~ ~ `n ~ ~ ~ ~ ~ ~ '> . .. ~ o v N M U ~ , `, d- ~ u U ~ ~.,~ 'b ~ ~ ~ ~ d- ~ v~ O~ y s.~ , ~ ~ V1 b .~ ~ ~ N `O ¢" ' O °b O ff`? ~w~ ~ ~ ® M ~ N ~ ~ ~ . ~ ~ `r' ~ U ~ , ~ b ~' j ~ . `~' ~ . ~ rd c~i r--a . ~, y ~ ~ ~ M O ~ ~ O ~ ~ ~ o ~ ~ [~ . . ~ N ~ ~.~ a ~ ~ ~ ~ U o z ~~~ ~ ~ ~~ ~ ~ o ~ ~ ~ aA d= :~ ,~ ~ ~~ ~ U ~ ,o ~ ~ ~ ~ ~ o .~ ~ . °o o ~ o ~ ' °~ ~ ~ .~ ~ ~ U a crs w ~ ~1 ~- ~ ~ ~t ~ . ~, ~ ~~ N r ~ ~ N td ~ ~ ~ c~ ~ d; i3 CO Cfl O i ~ ~ - N ~ o v ~' N ~ T N ~ ~ CO , - C7 r .r. T T .~ V Z ... ~ N ~ ~ ~ N T . ® .~ N d. ~ 0 "a O E' ~ ~ ® ~ $ (~ r N C ~ N ~ N T- LL ® ~ ~ ~., . N ~ ~ N ~ r ~ ~ Q ® ~ {~ V! ~ . ~ ~ O T N N 00 O ~ ~ ~ -- ~ p O p yy ~ ~ d~ q~ ~ T ~ • T T T ~ fem. ~J . ~ ~ ~ ~ W o a~ . ®~ . z •~ ~, ~, L ~ ~ ~ . . ~ .~ ~ ~,~ ~ ~ ~~ ~~ w ~ ~~ ~ ~ z °~ X o~ ~ ~~ ~ w~ ~~ w w~ ~, . w~ ~ aQ ~ ~ ~ ~ ~- . t~ cn ~ ~- ~ ~ ~ in O ~ ~ ~ T (J, C) o o ~, ~ c cQ a0 Cfl ~ ~ ~ ~ V N '- Z v ~ ~ y ti •~ ` o .. 0 Z M ~~'' y ~ ~, . ~ O ~ LL p p ~ ""' ~ ~ ~ ~ ~ ® C'7. N N. ~t ~ J p C3~ ~ `n ~ ~ ~ v' N ~ N Q ~ p r ~ ~ v ~ ~O `~ .~ ~ '- . TT .''itts V ~ /~ V / ~ •'~ ~ ~ ;F ~ ; ~~ ~ . V) ~ ~ ~ C~ ~ ~ ~ ~ , ~ ,~ o ~ ~ ,--~ .-+ O' 00 N ``'" r o a~ U t0 ~ V .~ ~ '~ , T W ~ ~ . ~ ~ O Q ~;I ~ ~ . . Z / ~ V N '~ ~ ~ V ~ .. ~ ~ V1 ~ W ~ ~ ~ ~ O ~ .. ~ ' ~ ~ ~ O - ~ ~ Q ~ i~l • A.I ,~,,~j -~ ~^^,, O W ' .~.~ ~ ~ U ~ Q ~ ~ ~ ~ ~ ~ ~ ~. o . a ~ . c ~ ,~ ~ ~ `~ o o v . .. ~'q ~ N ~ , . U cn -~ o ~ r- oo rn ~O 00 N O o0 ~ 0 ~' ~ 'd' ~ O ~ O ~ ti d' ON M ~ N O N O d7 N N ~ O M .. ~ ~ ~ ~- ~ . .r..r ~ ~ O r- O ~ V O ~ ~ ~ ~ ~ CO ~ ~ ~ ~ .~ ~ ~~C'7 r' ~ ~ ~ ~. ~ ~ ~ . . ~ ._ LL •1••+ ~ _ ' . • ~ to ~ . ~ O .. m ~ 0 ~ ~- O C . ,t,, ~ ._ ~ C ~ ~ ~ O V ~ ~ U . ~ ~ 0 4- ~ ~ N Q 4L- .. ~ O ~ W ~ ~- ~ , X N ~ . ~ ~ ~ ~ ~ ~ ~ O . V V 0 ~ ~ ~ • Q N . Q. ~ J ~ ,,~ _ ~. ~ U U J U ~ +~ ~ N U~ Q -~. J F-- ~"` 0- CJ Memo March 09, 2000 TO: Cam Griffin Budget Director FM: Andy Atkinson ~~ Deputy County Manager RE: MedSource, Inc. Budget Request Donna Booth-Neal brought by a budget request for this next budget year. She is requesting $75,000 to provide medicine for those in our community who do not have the resources to purchase their needed prescriptions. If these people do not get their medications there is a good chance they will end up in the medical center, with major complications. Since they have no insurance, no Medicaid, and insufficient income to pny for the services rendered, the Medical Center's indigent cost rises. Please include this in the requested budget even though she missed the Human Services Allocations process. She would like to appear before the Board of Commissioners to make her plea. Thanks. c: Donna Booth-Neal, MedSource, Inc. -~~ \/ ~J ~;1`tli ilflcllt11U1`r Luitii#1 ~hk~~t`t`',~ C~ffir~ Ju~>.•~11 ~~C(1,~111`1•It, Jr., =~11~`riff ~Clilrttin~~#ntt, ~~1rt1? Lixruliil~ ?~~lll-4.~J1 ~dhnur(Jlll) 3~1-~?Ull ±fax (~11ll) ~~1-~111;J MEMO Q~CL~0~1 s To: Allen O'Neal, County Manager ~`~ ~~' From: Joseph McQueen, Jr., Sheriff ~1/~_ ~N~Iy HANGVER CO. Subject: E-911 ~~~ 80.OF COMMISSIONERS Date: May 24, 2000 I have reviewed and carefully considered the contents of the memorandum you receieved from Mary Gornto. I am, frankly, infuriated by the misleading statements, half-truths, and thinly veiled attacks on the administration of the New Hanover County E-911 Center. >`-...a My response: To the cover letter:: ~' ::-=~ . . • `By the Cenfer'saatest estimate .:'.:',:True:.The WPD is the;major client of the E- 911 center, .~._" ~ , ,,~' _ • "The Communications Coordinating;Committee .:." The committee was formed to ,.. allow input ;iri the system`selectiori'proce§s "by areaagencies served by the Center. The intent„ was never. to form a group to make policies binding on the Sheriff. If tliere Chas. been quiet ~in that area, it's because the primary antagonist is no longer around'It appears, that another hasaaken up the position. ty ' g~ . g ....The . • "The C. is still strug lin ,"City. of Wilmington is responsible for making whatever connection is needed fo access their information. The overwhelming factor in deciding which CAD to `use was the ability to access data and OSSI was selected partially because WPD akeady had it and information could be shared. [NOTE: Capt. J. S. Smith was at early meetings with WPD and OSSI where all parties pledged absolute cooperation. OSSI confirmed the ability to connect separate systems or set up separate users within the same system so that identity could be maintained, yet share information. Chief Cease heartily agreed. All this, of course, changed.] There is nothing to stop WPD from getting their information ....they just have to pay for the connection. Information on new technology and procedures are received daily and given • MEMBER s '. ~ \ / `1 'f " _ appropriate attention. The WPD is always more than welcome to bring up ° ~ ~ ideas or concerns which impact the 911 service. The only reason Sgt. Pigford is the only name given is because others choose not to develop a relationship. Higher administration personnel aze welcome to participate but choose not to. °. Their input is important but you can't just change for the sake of change or . ~ introduce new technology, which seems slick and nifty but doesn't really get the job done any better than it is. There is always room for improvement, but in the 911 environment, careful consideration must be given before disrupting routines. • `21ot considered by the consultant ..." I'm not sure what is referred to here, but we • . ~ have always had contingencies in place during hurricanes to allow for call routing in case of power failures or equipment destruction. Also, our system has been the Enhanced 911 for years. If, what is desired is to have `remote' - call-taker locations or dispatch cells located at agencies which would still feed into a central data center, that is entirely possible. I believe fragmentation of the system would have serious, if not dangerous, potentiality.: Responding to the "operational concerns" put forth in the City's study: • "Presently, 911lemergency ..." As stated before, the City is the primaxy client for 911. This does not translate into a responsibility of the Sheriff to allow administrative control over the center. • "When residents call ..:'There have long been ongoing efforts to make sure people are educated about how 911 works. Our system works no different than any other multi-agency center. The whole point is "one number for an emergency" • "T'he City has limited ..." The city has no E-911 center. The WPD is responsible . for answering calls. Their input on technology and procedure is welcome. • "The City has no control ..." These are not city employees. The City once had police dispatchers, but they were terminated. New Hanover County telecommunicators aze trained to state standards, which have been set by the Sheriffs Training and Standazds Council. No training can overcome administration-fostered backbiting by client agencies, which serve to undermine the center. • "Control and supervision of..." The dispatch protocols and procedures used on the - ~ WPD console have been provided by WPD. Street supervisors have always had the ability to override or amend assigned calls and have as much input as they c .. ~; ~ J ~. Allen O'Neal, County Manager Page 3 May 24, 2000. will take the responsibility to have. Several supervisors take an adversarial position towards the telecommunicators and. make protracted issues out of any error. There have been many instances where officers have told citizens that the center was to blame for something that was the officer's fault. Most supervisors have an excellent relationship with the center, however, and recognize the need to work as a team. • "In an emergency ..." There has never been a restriction on emergency involvement at the center. Unfortunately, supervisors seldom take advantage of being at the point of both information and dispatch. The most effective supervisors have a keen awareness of the relationship between the Center and police response. • "The ability to change ..." Call response priorities are the responsibility of the client agency. WPD provided what is being used. • "The ability to periodically ..." The WPD has access to, and can study any data generated by their agency `til the cows come home. All they have to do is ask. Most of the data they would need to study is probably in their records system, anyway. If the City makes the electronic connection, all their information would be available without asking. • "Quality control issues ..." The city does not have a 911 center. The City once had police dispatchers, but they were terminated and dispatch function relinquished to the Sheriffs Department. They may not control something they don't have. The Center is responsible for dispatching. WPD is responsible for ;response. • "If a citizen's complaint ..." WPD investigators and administrators have always had access to information regarding calls. WPD has never had a problem referring complaints to the Center and incidents are looked into quickly. Center staff is disciplined, when warranted, but it's interesting to note that when the center has a complaint about how a WPD officer handles a call or treats center personnel, there is little or no action. This lends credibility to the earlier statement about bias from the police administration undermining the center. • "Linkage between the ..." The connectivity issue is between the City and OSSI. For years, the Sheriffs Department paid to get records information. Client agencies of the Center are welcome to theirs (free of charge), but the Center is not responsible for the electronic connection needed for .automatic transfer. ' ,,. , ~ ._. - Allen O'Neal, County Manager Page 4 May 24, 2000 • "Implementation of emerging ..." Since its beginning, the New Hanover County E- 911 Center has kept pace with available technology. Once again, the existing CAD and records systems in both the WPD and Sheriff's Departments are from the same vendor, largely because it was important to maintain parity between the two major public safety agencies served by the center. • "A citizen's request ..." A citizen request for service is received at the Center and processed using CAD. Once the call is determined to be in the WPD jurisdiction, it is dispatched to the appropriate unit(s) following priority protocol and call policy provided by the WPD: Response to "The Bottom Line" regarding "Impact on the proposed new police facility": ` ~ In response to the misleading and erroneous information provided to the city's consultants, those consultants "included a calculation of future space needs should the City consider managing this service." In 1994, the City of Wilmington told New Hanover County that City residents paid County taxes and therefore should not have to pay for the dispatching of WPD calls. The City gave the County a date. by which to be ready to dispatch police calls '. in the city. The subsequent preparations included an unpleasant and emotional drama surrounding the hiring of WPD dispatchers who were discharged by the City. A selection process was developed to hire as many as possible and the deed was done, but with an extraordinary amount of animosity towards the Sheriffs _ Department even though the situation was, indeed, forced by the City administration: Wilmington Police dispatching came to the New Hanover County 911 Center by force. The. Center adapted to the consuming demands of WPD, but not without conflict, generally fostered by the attitude that the Center is under the control of the Police department. When the City summarily abandoned the dispatch function . of the Police Department to the New Hanover County 911 Center, it also forfeited its control over administration of that function. . The 911 Center has gone every distance it reasonably could to effectively provide dispatch service to the Wilmington Police Department and to all the agencies s ~ served by the Center. One is no more important than the other. Just because one agency deals with more call volume, it deserves no more or less than is provided another. What is provided is what can be provided based on resources allocated by what has historically been a county government eager to provide the best public safety possible for its citizens. e- Allen O'Neal, County Manager : Page 5 May 24, 2000 The New Hanover County E-911 Center and its administration are the . responsibility of the Sheriff of New Hanover County. The Sheriff is responsible for . ~ the entire County and is the highest law enforcement authority in the County. The ~~ E-911 Center serves most of the public safety agencies in the County through telecommunication function which has been delegated to the Center by client agencies: I have always. recognized my duty to work. cooperatively with agencies served by . the Center. Agency heads have access to me and my staff to discuss any aspect of the service. That policy will continue. I am not, however, agreeable to administration by committee when it comes to the Center. My responsibility in regards to the E-911 Center reaches beyond the client agencies. I am driven by my obligation to the citizens of New Hanover County to provide the service they have come to expect from the New Hanover County Sherii~s Department. They have come to expect a high level of service because that service has been consistently delivered since 1982. The faith of the citizens of the county has been validated every four years since. I have seen four chiefs at the Wilmington Police Department in that time. My conscience will not allow me to place my obligation and their faith in the hands of a committee. ~. ec: Mr. William. Caster, Chairman, County Commissioners / Mayor David Jones Mary Gornto, City Manager t } .i r 1 ;s. " , _~ .. LY P .1R w b i ~ 1J ~ .~ ~' ~ 1 "~ A ~ f ~~ ~ ~~~QI • 1739 CITY of WILMINGTON North Carolina P.O. BOX 181 O ~ OFFICE OF THE CITY MANAGER 28402 (s1o) 341-7810 FAX (910) 341-4628 TDD (910) 341-7873 MEMORANDUM To: Allen O'Neal, New Hanover County Manager From: Mary M. Gornto, City Manager ,~~~ Date: May 16, 2000 " Re: 9I1 It has been nearly a year (6/16/99) since you last communicated with me regarding E-911 operations. Since that time, the City finds that several changes have occurred which have triggered our review of 911 " operations and interface. " By the Center's .latest estimate, 70% of the calls handled involve the City. It is estimated that the . percentage will increase to at least 75% of calls handled, when the Phase Two Annexation occurs. The Communications Coordinating Committee, established in Fall 1999 and chaired by Andy Atkinson for . selecting CAD software, quickly disbanded after meetings on CAD software selection and purchase. I am informed that this group, made up of all 911 "users", has not met for many months. The City is still struggling to make the electronic connection between 911 Center software and City Police Records softwaze. Beyond the line level relationship of WPD Sgt. Edward Pigford and 911 Center Supervisor Ms. Antley, there does not appear to be any ongoing dialogue to determine future Center/user needs, concerns, technology potentials, changing protocols, etc. The City has recently concluded a needs analysis study for a new Police Headquarters facility. I have enclosed a portion of the consultant's report regarding 911 communications for your information (Pp. 4.2 - - 4.6). Not considered by the consultant, but a concern that continues to be raised during ongoing. hurricane prepazedness planning, is the importance of 911 Center redundancy. The City is willing to discuss the . benefits of Enhanced 911 systems which have the capability for selective routing of 9I 1 calls and linked. multi-Public Safety Answering Points ("PSAPS"). I look forward to discussing the thoughts I've raised in this correspondence., I am available to discuss them in detail, should you desire to do so. Enclosure cc: Chief John Cease Police Department " ~~.. _ ~: . _. ..~ ~ _ _ _ ~,./ .. , City of Wilmington, North Carolina Police Headquarters Space I`Ieeds Assessment • Opportunities -- - April 2000 =.=. ,''.v ~ - . =d'~ - i ~. Change and Human Nature Addressing the Realities of Today, The biggest single obstacle to positive change within organi- R>tcouraging a Vision of Toncorrotiv: zations frequently hinges on simple human nature. tiVe possess a natural, yet unbending, desire to adhere to comfort- - able "tried and true" ways of doing things. It is simply easier to perpetuate status quo rather than endure the periodic review " of possible improvements. - ~ Wilmington challenged the Consultant to examine a number "" ' •. ~ of new possibilities: ", ~ The Police Department Regionalization, Annexation, This study is being carried out in a period of time when the - Consolidation: City of Wilmington and New Hanover County are experienc- ing explosive growth. Compounding this is the fact that the City has expanded as a result of an annexation. Growth and annexation have resulted in a corresponding need to increase the Police Department`s staff. Before we commence any operations related discussions, however, it is also important to reiterate that this is a long term "space needs", rather than a "management", study. As such,the ConsultantTeam relied on the Wilmington Police Department to establish an internal review group to visualize • ~ ~ " ~ where the Police Department might logically. "be" in the ten . and twenty years respectively. We then used these bench- ""_ . marks in our Long term plat:ning efforts. Cooperative Regional Services First, the Consultant Team asked which services might be " offered on a regional basis and what the ramillcations would be to a building project. . •-911 Dispatch/Communications - Presently, 911/emergency dispatching services are provided ' countywide. by the Sheriffs Department. Publi " ~ Md'L~., W:.L,a,.. ~ 1.~~ 1,.~ ' Co~tsc~lta~its ©2000 " c Safen• Facilit _ } . Page ~Z ',.:~. ,~ .. - ~ .. :.-,_ ~t; -,; ~:. , ,:; • City of t~Vilmington, North Carolina- Police Headquarters Space Needs Assessment • Opportunities Apri12000 Presently, the Wilmington Police Department accounts for 59% and the Wilmington Fire Department accounts for 3% of the New Hanover County 911 Center's annual calls for service respectively. Although City agencies account for 62% of the total calls for service, the City has no direct administrative control over the dispatching of these calls. Some operational concerns with the present operations are: • Wlten residents call 911 in Wilmirtgto~t, they assurru' that they rrre spectkin~~~ with 11)e Wilmington Pvlice Department,when, in fact, they are not. • T/te Ciry ltas Bruited irtprtt into long rcut~~~e pl~ulrtingfvr the delivery of 911 services. • .The City lots no control over the selection, training, supervision, and perfornuutce of the 911 et)tplo}•ees• why provide service tv City residertls. • Cvrttrol caul stcpervisiv)t of pvlice resvurces in the field is " tltered' !llrOttglt a CO11tIlIltIIiCCIIIUIIS CelItel' that does• lint operate based upat City pulley, prow- cols; or super•visiat. • In an emergency where caltr)tturications protvcol.s. utttst be inunediately modified to rrteet needs, their is It0 rilCCltaltlsllt fOr C[ty [r1VUlVe/1tL'rtt. • The ability to change turd set priorih~ call response is limited. • The ability to perivdic•ctlly curt! selectively suuly the delivery of police services t{trough the 911 center is )tot available. The Ictck of this irrforntcttivn inhibits strategic arul tactical. plcuutirtg. PuGlic Safety Facility Carsulta~us ©2000 Page d.3 „~.. . i .. ~. ~ . City of Wilmington, North Carolina Police EIeadyuarters ' Space Needs Assessment • Opportunities Ap ri 1 2000 • Quality control issues in data inputarul call ntanagntertt in 911 are out of the City's control. • If a citizen's complaint is determined to have been a result of actions of the 911 center, the Ciry ltas no ability to investigate citizen's complaint oraddress the citizen's concern's other titan to refer the citizen to the Sheriffs Departritertt. . • Link:ctgebettveentheCity'scunrputerizeclpolicere~c•vrds nurrtagernent system cure! fire Corurty's conipcrter aiclecl dispatch system does not exist. • Intplerrtentatiort of emerging teclutolvgy rrury be Itirt- dered by different infrastructures. • A citizen's regtcest for police service ctnd the delivery of that service is not controlled by the same ctgertcy. t, _ . the Bottom brie - :- .:: • Impact on the pr opo.red new police facility ~ ,~ ~~ ~ Ire"considerattonrof aTL of the above, the Consiiltar~ Team bets included n calculatcon offitturc~ spaceizeetls ~~ should the City;constder r, ~i~aJr i~ this servicE~ ~ ry • Forensic Examination & Crime Scene Processing: Wilmington has expanded its forensic examination services and operates an (APIs) Automated Fingerprint Identification System input station. This system allows for instant finger- print checks using statewide, multi-state, FBI, and worldwide databases. Since fife judicial system increasingly relies on forensic evi- dence,Wilmington's present expanding staff resources might present a natural opportunity to offer specialized (latent print and crime scene processing) services on a regional (tee for . service) basis. This service would benefit those Cities that might not be able to support such specialized staFF and equip- - meet. McC'Gcnu., lv:Gw+- ~ (.~wti:t t,•c. ' Public Sajeq• Facility Caisultmrts ©2000 Page d.4 City of Wilmington, North Carolina Police Headquarters Space Needs Assessment • Opportunities ~' ' April 2000 , Tlia Botton lane - r -~ w - ty `~ • Impact oiz the proposed newpolrce fac,rh ~ _ , ~:~ o ~,. f .~ ~;~; ~ ,~_; ~ .. , ,~. Jf ~ ~Iinrmal crr~dltronal space (bcised on additional staff}r D -. ~ <tiiini~rial;_increse in rrddrt~onal equapmeirt ~-~~ - w u .. rv. _ '. ,. -. ~- t s .~ ~ _.._...a.:. .,__s.~.~.:.~hrxi....~__-._.~kan_ - ..,.Mi..._. ~..:~.._.. _.;~. _~..„~ ,, ,. • Emergency Incident Command Center: ~~ - ~i "'' The City of Wilmington recently relocated its main Emer- )I gency Operations Center (commonly referred to as an EOC) to the new Fire Headquarters. From this center, comprehen- \~ ~ sive citywide emergency services will be managed. `~ . ::.C.... - ~ ~ Many "emergency" situations however need careful police monitoring, yet fall short of the level requiring full EOC activation. These events might include dignitary visits, crowd management for special events, tactical police operations, etc. These types of situations could benefit by the use of an , ` Incident Command Center (ICC) based in the new police headquarters. ,. Since any new police facility must be constructed to the . stringent "Essential Services Facility" provisions of the build- . ing code for hurricanes, it would be an ideal location from which to coordinate police resources in emergencies. ` This could be accomplished without adding significant cost or ' ~ space to the building by configuring the multi-purpose room ` ~ to allow for reconfiguration as a command center. - • ,_.,, - - TIte~Bottotrt I,~ne r _ ~t Impact on the ~roposgd ne~v Polcce bu cirn e: Minimal ~ ' { . , • Specialized Training: The City of Wilmington has, and will continue to, add staff to . address growth and annexation. This has resulted in an on- going need to conduct Basic Law Enforcement Training (BEET). Presently there is limited space for any sort of ~~ts ©2000 fer ifit ~ Corrsult bti F P S y ~ a ac a « c - - Page 4.5 ~.. -, b ,. ... ~- ;~ . ~ r, ~ . _ z. , f~._. .. City of 1•Vilmington, North Carolina Police EIeadquarters Space Needs Assessment • Opportunities Aprii 2000 ~. r-. ~ . .-~ .~.-- ~T ~ ~~ ~ •, training in the headquarters. This compels the training staff to seek space in a wide variety of venues for specialized training. Lack of space also limits the class sizes in each academy. This naturally results in staff inefficiency. With a new building project, there is an opportunity for the Police Department to reassess how training is to be delivered in the future. Some specialized training spaces (such as firearms and drivers simulation) are to be conducted at the headquarters site in the secondary building. Some training, however, requires large spaces for defensive and crowd con- trol training, and may best be achieved in a freestanding facility located on another site. The balance of training requires the use of computers and. classroom space:. Hence, this space study quantifies training spaces, breaking them down into spaces at the headquarters and spaces that could potentially be located off-site. .. In any scenario the Consultant Team recommends that all live-fire firearms instruction continue at the Police Department's ~utd~~r firearms,proficiency range. That facil- .. . ity is ideally situated in a somewhat remote and acoustically isolated site. 1'lte.Bottom Lane gr .•.;,' ~ P ;' y • Impact on the propasec! ~zew polcce beuld~rr ~ • _, x ~He~a~~~uartets'~'irr' ' `-`'BLE?'Ctrtssroof~i ~~ . - ~~~ ~`~ _:`-Firedrtns~Sim~ilalior~ ~ Drivers Stniulatco~ri .* 1_„ .~ F 'Off,Stte:~~_ ~ _. _ ~~ Ful! ~Coritcicf.~'rai~zin~ :~, _o Pubfic Scrfen• Facility Consrrfta,rts ©2000 Page ~.G '~_/. \~ NEW HANOVEIZ COUNTY County Manager OFFICE OF THE COUNTY MANAGER ANDREW J. ATKINSON 320 CHESTNUT STREET, ROOM SQ2 Deputy County Manager WILMINGTON, NORTH CAROLINA 28401-4045 PATRICIA A. MEI,VIN TELEPHONE (919) 341-7139 Assistant County Manager FAX (919) 341-4027 DAVID F. WEAVER Assistant County Manager 414 Chestnut Street, Room 101 Telephone (910) 341-7139 June 20, 200Q Fax (910) 341-4035 Dr. John Morris, Superintendent New Hanover County Schools • 1802 South 15th Street ~ . Wilmington, North Carolina 28401 • ~r~~.~ • Dear~M•orns On June 19, 2000, the. New Hanover County Board of Commissioners adopted • the FY 2000-2001 budget, which includes an allocation of $57,072,437 for the schools. A breakdown of the expenditures and revenues for this level of funding can be found in Sections.4 and 5 of the attached budget ordinance. Section 13 of the budget ordinance calls for continuation of the monthly. reports on school expenditures for maintenance and renovations, exclusive of those .authorized under the bond issue. Section 14 calls for notification.of any changes- made to planned capital fund. expenditures. .. Please feel free to call Cam. Griffin, New Hanover-County Budget Director (341- ' 7170), or me if you have any questions. . ~ Sincerely, Allen O'Neal County Manager • ~ ~ . btb Attachment, . cc: New Hanover County Board of Commissioners Mary Hazel Small ' .. . . .. . , .. t ~ . , ,. .., - „.. , . , , ,, . ~. . ~ • .• • ,. . 'NEW HANOVER COUNTY SCHO OLS FY 00-01 BUDGET ~ ~ ~ - ' .; .. • ~ _ Current. Ado ted; R • ` . t '~ New Hanover County Sch ools.. FY 99-00 ~ FY 00-01 ,.'.Increase Percent .. F , , v .: ,~ °~CurrentOperating ' ~" ~ $39;274,481 $41,1.22,315 $1,847;834' ~ ,.,:, 4.7% : - • ` ~ Capital Outlay. y ~ ' 2,945,528 3,033,894,; 88,366 ~ 3.0% , ' School Pension 559,000 600,000 41,000. 7.3%. , . ° .. Principal ~ ~ ~ , 2,989,290 5;155,038 2,165,748..,,,- . 72.5% , interest ~ 4,453,969 7,061,190. 2,607,221 ° ~ 58:5% :' ~ ~ , ., Service.Charges '~ ~ 35,000 100,000. 65,000 ` ° 185.7% ,.^ ;, ~. Building. 200,000 • ~ 0 -200,000 N/A " . . ;. . _ Total a .. •. , $50,457,268 $57,072,437 $6,615;169 13.1'.% '• . .. R „ • General Fund ~ ,, $44,968,620 $50;583,789 $5,615,169- 12.5% ~ • •.One-Half.Cent,Sales~Tax ~ 5,488,648 5,488,648 0 0.0% ::.. Fund Balance ~ . _ - 1.;000,000 - ~ ~ - Total ~ ~'. $50,457,268 $57,072,437 $6,615,169 ,. 13.1%~ , ' -. t . . ... , ... .. .,.., ., -, ., . - ., , -. ., „ -4 - F ~ , . .. w e . ., ... .- . ~ _ ~ ,. + ~ ... •. _- ~ ., „ E - - - ,, . _ .. , .. ~ a .. - ~' ' r . ~ . ~ 1 ! u" . - ... ~ ~ • • h Y • '. . .. ~ . . .. , .. ._ - ' '- ' 'NEW HANOVER COUNTY; NORTH CAROLINA- ° '~ ,~ '' 2000-01 BUDGET ORDINANCE . ~,~: - .. , • - • " BE IT ORDAINED by the Board of ;Commissioners of New Hanover County, North. - Carolina, in~regularsession assembled: ~ ,~ • . • - - ~ ~ , • Section 1 ~- ~ The..following amounts are- hereby appropriated for. the 'op eration of New ~' ~~ ° ~ .. : `Hanover County government and its activities for the fiscal. year beginning- Ju ly 1,: 2000,.and ..' , r- ending June: 30; 2001°, according to, the following summary and schedules: .. - . ' ' , ~ Estimated _ ~ Fund Balance Total. .Summary Revenues '~" " .Appropriated Appropriation • r z° Genera) Fund ~ $ 1.74,487,423, $ 0 $ 174,487;423 : - ;° New HanoverCounty Schools Fund 56,072,437 1,000,000 ~ 57,072,437 ~~. ' Emergency Telephone Fund ~ ' 400,000 ~ 0 . ~- 400;000 .-~ `• . Room Occupancy Tax Fund ~ 2,538,000 • ~ 0 ~ ,. • , 2;538;000, - :', Environmental'Managernent Fund 12,955,578 1,673;058 ;:. 14,628,636 ` . Total. Budget :, ~.. - $ .246,453,438: $ 2;673;058 ~ $ . 249,.126,496 • . .. ,. ~ GENERAL FUND" .~ ~ '. Section 2: That for said fiscal year there is hereby appropriated out of•the General Fund'. ~ . - . ...-, the following ., •., , _ ., ~. . • •. ., ° - - u - ,. . _ - .Function y ,Appropriation ..: . ' « Current- ,° ~ ~ ' ' ' General Government ~ ° . $ a Hu S ° ' 19, 309; 707. ~ ... man. ervices , . 49,594,783. • . ,. ,Public Safety ~ . ',, ~ 23,660,517. `` ~ `Economic & Physical Development ~ ~ '' ~ .. r ~ 455;965 • ° a •- Cultural & Recreational ~ . ,. ~ ~ - ,:8,086,862 ;~:. Education ~ - _ . ~ . ~ a. 59;244,846 , , Contirigency~ ~ ~ ~ '287;500 ' ° , • . ' .Transfers - ., :., ; ..•. " ~ ,357,135 5 , `Debt Service ~ _ , ~. .. ~ ~. .: ' -. ~ Debt Service - . , 8,490;1:08 ' ` • ;` .. . ~, :, `Total Appropriations =General Fund, ~ ~ - • $ . - ,. . ~ ~. - .. - ,.; .~ ~". . ~: ~. ~ ; • , . ~ . .. 174,487,423 _ ~ ~ . • . , ~ .; - ,.. ° ., a; .. . - '.. .. . ~ -, . • . .. .: ~a . ,. . \~/ ~../ .. _: ~ - :Sectiori 3: If is estimated that the following General Fund revenues will be a'vailable' during.the'fiscal'year beginning July 1, 2000, and ending. June 30,. 2001, to meet the foregoing '~ ~ ` ~ General Fund appropriations:: ~ ,, ~ ; ' . _ Revenue Source ~ ~ -. ~ . . Amount .' . . . Ad.. Valorern Taxes 97;165,000 . . . Sales Tax (Art., 39) .: ,.. .: ~ . 19,1.00,711 ' ~~ ` °_ S`ales~Tax (Art:'40 & 42) ~ _ ... ~ 12,214,935 . , .$ , ~ - .. , ` ., w ~ _ Other`Taxes ... .. ' :6,478;343 ~ ' ~ Intergovernmental Revenues- . . . _ 28;922,908 ~.-• . .. Charges for.Se`rvices -. • ... ~ ; ~ ~ .6,359;179` , ; . ~=. _ .. Other Revenues .. 2,681,347 ~,. ' ~ Transfer,,ln/Water & Sewer District ~ ~ 92,000 ° Transfer 1n/Emergency Telephone Fund ~ - ~ _ , _~ ' 400,000; '' ., . r. ., , ' ', .E ~ ° ABC Revenue ~ ` ..1,073,OOQ .. ~ ;Appropriated Fund .Balance ~ ~: . ' ~ - ~ .,, p . ~ ~ , ' ~ ` f~,Total~Revenues_- General Fund ~ $ 174,487,423 +;~ NEW HANOVER COUNTY~SCHOOLS FUND ~ ~ 4 } a ' Section 4:~.1n accordance with G.S. 1150-429 (b); t _ _ '. ~ he followin a g ppropriations are <made to .the -New Hanover County Schools Fund: The budget resolution adopted bye the New -~ ° Hanover County, Schools Board of .Education shall conform to the appropriations set forth in the ~ ' ' budg'et~ ordinance'for cyrrent expense and capital outla -Once ado ted,.such ordinance shall Y• p ative °. p ~ PP bt lt d ~ h B a ls e effec of su Ch am e.ndment would be vto inc ea e or decrease the amount of Co unty 'r. ~ appropriation allocated` by purpose, function,.. or project by 25 percent or more. ~ _ _ ~. Category ~ ; . ~ ~ A . .. , ppropriation' . ° y .. Current Expense - ~ _. $~ ,; ~ 41,122,315 ~- ` .. Capital.~Outlay •°' ~ ~ . „ 3,033,894 . Debt Service . . ~ . , .. _ ~ - ~ ~ 12,316,228 .. Contribution to School Pension Fund ~ ~ ~ '' 600,000 ..:°~ ° ~TotaLAppropriatioii -New Hanover County Schools fund $ 57,072,437 ~ . . ' ' ' Section. 5: ' it is estimated .that the following New Hanover . County Schools fund' •; revenues will`be available during the fiscal year~beginning.July 1, 200.0; and endi ng June 30, :~ , ~~~ ~. 2001; to meet the foregoing Public Schools Building Capital Fund.. appropriations: <, Re"venue Source , . .... . - Amount ~. . -• °~ Transfer In/One-Half Cent Sales Tax (Art'40.& 42) - - ~ - ; $ 5;488,648ry '=. :Transfer lri/General Fund., ° ''~ ~ ~ 50;583;789• ~ ` -.~ .Appropriated Fund Balance ~ _ : ~ ,_' .,. 1,000;000 . . ~_ ~. _ ~ .Total Revenues -'New Hanover County Schools Fund.-_ - ~ $ .~- . , 57;072;437. ~ ' . . . ,, _ ~ . _ ,. ~ .. ,. . ~ . -~ . >:... , ; .. - ~J Section 11 It is estimated that the followirig Envirorimental Management Fund' ~, revenues will be available during the fiscal year beginning July 1, 20.00, and ending June 30, .2001; to.meefthe foregoing Environmental Management Fund appropriations:. ~ ,:' ~~ .: . .:. . "" Revenue~Source .. .. '`~- ~: ~ Amount •. Intergovernmental Revenues :~ ' . .;,• Y $ ~ 230,000 " ::~ • Charges"for Services - . ~•; ,•, s 9,377,564 .. ;,. . . ~ Other Revenues . _ .. . ' . .., 113 500? o Proceeds from Debt Financing ~ ~ ~ ~ ~ 800;000 ~` ~ ~ - 'Tr"ansfer ln/One=Half Cent Sales.Tax.(Art 40 & 42) •. .. ~ 2,434,514 '. ~ Appropriated`Fund Balance .: ~ ~~ -~ :~ 1,673;058• - , °:_. ~ Total Revenues -Environmental ManagementFund ;;~ '' $ 1.4,628,636 . , ,. : ;, GENERAL FUND , . :;' a . ".~ '"" Section 12: .There is'he'reby levied in the General Fund for the fiscal year ending June. ~,.U - • , , :' '30, 2001, the rate of 61 cents on each.. One Hundred Dollars ($,100.00} assessed valuation- of .taxable property as listed as of January 1, 2000, .for the purpose of raising. the revenues from ~`~° ,'the current..year's property tax as setforth in the foregoing appropriations. ` Such rate is` based on an estimated total appraised value of property for the ,purpose of, ' taxation of $16,000,000,000 with an assessment ratio °of 100 percent of appraised value.. ~ • . .`Estimated collection. rate' of 98 percent is based on a fiscal year 1999-00 collection ;rate of 98 " . ~ .. , :. . ; ~" .~ percent... . , ~ ~ . Section."-13: The Board of Education shall su I the Count on a month! . ' ,, Pp Y Y y basis' an ,. . :accounting of its expenditures for `school facilities maintenance and renovations, exclusive of . " ~ ' those..authonzed under the bond issue on the County Bond Issue, in a format:established:. ^P ~ ..the. County C ~ by , ommissioners. ' ' , • .`," ~ :~, Section 44:~. The Board of Education shall notify the County in writing, of any changes ' ~inade to their planned capital fund expenditures. The notification should include: (1)_nature'of ' ~ .the . change, '(2) reason for the change, (3) dollar amount of 'any' expenditure "change, by° ' ` '` planned project, and (4) plans for, and estimated. cost of, completing planned' project in the •• :future, if completion as originally anticipated will nofi'be possible. ~. Section 15: Copies of this Budget Ordinance shaN.be'furnished'to `the County Manager ~' and the County finance Director of New Hanover County; North. Carolina, to be" kept on`;file by , , them fortheir °direction in the collection of ..revenues and ~ the expenditures of amounts a appropriated.. ". , . Section 16: That a ro nation's herein authorized and'm '' pp p ade shall have the amount of . _ -~ outstanding purchase .orders as of June 30, 200.0; added to each appropriation as it appears .in ~ ~ ~' " ` order to account,for the payment againstthe fiscal year in which it is paid. .~ ` •ADOPTED, this 1`9th day of June, 2000. `` °` 9 ,_ ., i~ ~: CI k t William A. Caster, Chairman ~', - o the_Board ~' ~ Board'of County Commissioners ' ~' .. ' ~ ~~ ~ . • • ~ cis tVCDR~~~ - ,. _ r ,; _.- . .. . - __.. ._ r~ LJ ` ~ °' County Manager OFFICE OF TIDE COUNTY MANAGER ANDREW J. ATKINSON CPA 320 CHESTNUT STREET, ROOM S02 Deputy County Manager WILMINCaTON, NORTI-I CAROLINA 28401-4058 TELEPHONE (910) 341-7184 ~ ~ ., PATRICIA A. MI;LVIN ~dtl~~LLiU V ~~ Assistant County Manager - FAX (910) 341-4027 i5 P~PwY t 7 1 fr~~ DAVID ~. WEAVER Assistant County Manager 414 Chestnut Street, Room 101 May 22, 2000.. ~NEIN HANOVER CO. Telephone (910) 341-7139 ®fl. OF COMMI$SION~RS Fax (910) 341-4035 To the New Hanover County Board of Commissioners and. Citizens: 1 am phased to present the recommended budget for fiscal year 2000-2001: After thorough review, I propose a tax rate of 59.5 cents,.. an increase of 3 cents over the current tax rate. The increase in the tax rate will partially cover the increased debt service on bonds issued for New Hanover County Schools and Cape Fear Community College. The debt service increase results from bonds passed by the voters in 1997 and it will continue to increase for the nett few years as full funding of the debt occurs. Future budgets will also be impacted by additional operating and staffing costs of new facilities. Operational efficiencies gained through modern technology will not offset the increased operating costs of the expanded and additional facilities. ® Debt service will increase in future years as the debt requirements of currently approved projects are fully funded: These projects include the jail expansion, judicial building, administration building, and Veterans Park. . The tax rate- is proposed to fund a portion of the debt service increase and will fund basic County operations with no expansions or enhancements for the next fiscal year. Funding expanded facilities at a minimum level can't be continued into the future if the .citizens are to receive the services they demand. The decisions made to balance the recommended budget with this tax rate will have some affect on long-term plans for the County. Involuntary annexation by the City of Wilmington continues to have a negative impact on revenues for the County, Fire Service. District, school system, and beach municipalities. The primary impact is on sales tax. The County is losing $1.6 million in sales tax growth, which would have occurred if the city had .not annexed. This is equivalent to-one cent of the property tax rate. There is no significant decrease in the County's service demands following city annexations. As this budget is being ". presented, there is another phase of annexation under litigation. If the court's ruling is in the city's favor, and becomes effective prior to September 1, there will. be additional revenue loss (for the County and other units impacted by annexation) for the third quarter of FY 00-01. This potential loss in sales tax revenue is not included in the budget. The financial impact will depend on when the annexation takes place. New Hanover County Board of Commissioners and Citizens play .22, 2000 ~ . GENERAL.FUND , Public Schools: - A transfer of $55,402,836 is recommended for the schools from the General Fund. Of this amount, $5,488,648 is funded by the portion of sales tax designated for the schools. No growth is projected in this revenue source for .the schools due to the city's annexation. This transfer and $1,000,000 from the schools' fund balance will help fund the ~, $4,837,969 increased debt service and a 3 percent increase in operating and capital expenditures over the FY 99-00 level. This is less than recent increases for the schools, but more than. the percentage increase in the General Fund. An increase of 10 cents in the tax rate would have been required to fund the total schools' request. It will be up to the Board of Education to determine how the. increased dollars for operating and capital expenditures should be.allocated. ' Cape Fear Community College (CFCC): Funding of $3,172,409 (an increase of $247,866, or 8.5 percent) is recommended fior Cape Fear Community College. The funding will be used to hire in-house custodial staff, address deferred maintenance needs of existing college buildings, and fund additional parking. It should be noted that debt service in the General Fund will increase $858,581 for CFCC bonds passed by the voters. Personnel Issues: Of 59 positions requested by department heads in the General Fund, 11 are recommended. All of these positions will provide basic level service to expanded facilities. An explanation of the recommended positions follows: • Airlie Gardens (2): A. total of six positions were requested for the continued development of Airlie Gardens and two are recommended. • Governing Body (1 ): A Clerk to the Board Trainee is recommended for one-half year to prepare for the _ transition. when the current Clerk retires and to assist with the growing workload and complexity of the Clerk's Office. • Finance (2): The Insurance Advisory Committee function will reorganize effective August 31, . 2000, resulting in the addition of two positions in the Finance Department. _The positions' cost will be paid by the participating organizations that benefit from the service. New Hanover County Board of Commissioners and Citizens May 22, 2000 • Health: Two Environmental Health positions were approved on April 17, 2000. The positions' cost for one year is equivalent to revenue that the Health Department anticipates from aone-time project that will be conducted in FY 99-00. These positions will be reviewed as new positions as part of the FY 01-02 budget process. • Parks{2): Two Groundskeepers are recommended to maintain County parks. The Parks Department requested a total of six positions. • ~ Property Management (4): Three additional maintenance positions were requested. One Tradesworker is recommended to maintain County buildings. In addition, three Housekeepers are recommended to provide in-house custodial services for the Southeastern Mental Health Center. Southeastern will reimburse the County for the cost of these services. Employees: A Pay and Classification Study approved last year will be presented for implementation in FY 00-01. An amount equivalent to 4 percent of salaries and impacted benefits is included for implementation of the study. New Hanover County employees provide a complex and varied array of services that citizens expect and enjoy- The country is experiencing one of the most competitive employee markets ever. To employ and retain a qualified, trained, and educated workforce will require a substantial expenditure. The cost of not doing so will be much greater. An amount of $960,000 is included for the County to fund the health insurance plan's 15 percent increase. There is no increase anticipated in the dental plan. An amount of $120,000 is included to lower the out-of-pocket cost for prescription drugs. The increase in out-of-pocket cost of prescriptions during the. current fiscal year has -been a concern to employees. County employees will not have an increase in their cost for health or dental insurance. Also included is the amount of .$30,000 to continue the county-wide employee training program developed and operated by the .Human Resources Department. The training program has proven very effective. . ~ ~. . ~ ~ ~ ' New Hanover County Board of Commissioners and Citizens May 22, 2000 OTHER District Attorney: County funds are included in the District Attorney's budget to contract with the State for an Assistant District Attorney. While this position will. be cost-effective, it is another example of the County supporting programs that are the State's responsibility. General Government: An amount of $262,800 is included to begin implementation of an integrated financial system: This amount reflects the first-year cost. The total project is estimated to cost $1,000,000 and will be financed over athree-year period. Museum: An amount of $400,000 is included to continue efforts to stop water intrusion and correct problems caused by settling of the building. This is necessary to protect Museum visitors and. guarantee the insurability of the artifacts.. Library.: An increase of $118,913 in the budget for books will enhance library operations in the current facilities, as well as the Northeast Regional Library, which is scheduled to open in September 2000. .Department of Social Services: The department's budget is based on continuation of the contract for support .enforcement and continuation of the current favorable economic conditions. if the Board of County Commissioners decides to change the existing contract or designate another entity to administer Child Support, additional County dollars may be required. If the economy takes a downturn grid unemployment increases, the Work First caseload may increase resulting in an increase in County cost of the department. The increase in County dollars for DSS is 2.5 percent. Sheriff's Department: Funding is recommended at over $100,000 a month to transport and house inmates in other facilities to relieve overcrowding in the jail. It is essential that construction of the new .jail be completed as soon as possible to eliminate this cost and overcrowding problem. Southeastern Mental Health Center: • An increase of $116,305 is recommended to fund additional staff for the Juvenile Sex Offender Program to enhance the delivery of treatment and support to children. New Hanover County Board of Commissioners and Citizens A~lay 22, 2000 Outside Agencies: There are some minor shifts in funding for outside agencies, which can be reviewed in detail on Pages 26-29. in Human Services, there is a slight increase in total funding for agencies: The Human Services Allocation Advisory Committee makes recommendations on the Human Services' funding. . Broadcasting: ~An amount of $135,000 is included to begin broadcasting of Commissioners' .meetings . . -via -cable television. Additional resources may be added to that capability to meet the .growing demand to keep citizens informed as the cable franchises are renegotiated. REVENUES The growth in the tax base between FY 99-00 and FY 00-01 is expected to be 3.2 percent. This small increase is the result of the slowed growth the County is experiencing. The increase in the tax rate.. of 3 cents will partially cover the increased debt service. The current ad valorem tax base is estimated to be $16 billion. Based on this estimate, a penny will be worth $1,568,000. .There is no increase estimated in sales tax in the current fiscal year due. to the city's. recent..-involuntary annexation. Local option sales taxes are distributed by the ad valorem method and are the second largest revenue source for the County. The County, beach municipalities, schools, and Fire Service District portions of the -sales tax will continue to be impacted by the city's involuntary annexation. If the next phase of annexation, .which is currently being litigated, would take place before September 1, 2000, the revenue from sales tax would decrease during the last quarter of FY 00-01 and the budget may need to be adjusted. .Due to less-than-anticipated growth in sales tax, the amount budgeted for sales tax may not be realized in the current fiscal year. The possibility of shortfall is based on only two .quarters of data. Approximately $2 million of the undesignated portion of the two one-half cent sales taxes is being used for General Fund operations. In the past,. revenues from this source have been transferred to the Water and Sewer Fund, and to a lesser extent, the Erivironmental Management Fund. The reduction in the transfer to the Water and Sewer District impacts future plans for the water and sewer system. New Hanover County Board of Commissioners and Citizens - . Ray 22, 2000 . Inspections: ` A fee schedule that is more responsive o market conditions. while maintaining the department's self-sufficiency. is being developed. The Inspections staff has been working with the contracting community through committees and presentation/feedback sessions: Together, they have developed a solution that I feel will be workable. The fee schedule will be presented May 22, 2000, for Board approval and adoption. Major changes have not occurred in the fee schedule in~over a decade. Sheriff: - During FY 99-00, the County began receiving revenue from the State-implemented 80 cents per month surcharge on cellular telephone service. These funds are being accumulated for future needs of the 911 Center. FUND BALANCE No fund balance is appropriated in the recommended budget. The County's strong fund balance is important to our. continued financial strength and maintenance of our excellent bond rating. ENVIRONMENTAL MANAGEMENT FUND ~. A transfer of $2.4 million from the General Fund is projected ~ to balance the Environmental Management Fund. Fund balance from the Environmental Management ..Fund in the amount of $1.7 million is also appropriated. The. recommended tipping fee is $32, an increase from the current fee of $28 per ton. Staff and the Solid Waste Advisory Board, who. are knowledgeable in this field, continue to review ways to provide waste disposal services to the citizens in the most efficient and equitable manner. FIRE SERVICE DISTRICT The current tax rate of 3.5 cents is recommended for the Fire Service District. The impact of the city's annexation plan on the Fire Service District will continue to be reviewed. Implementation of the next annexation phase (currently being litigated) prior to September 1, 2000, will impact the District and its budget. The Board will be kept abreast of changes. :, ,, ~~~ ~J New Hanover County Board of Commissioners and Citizens - Ma~y 22, 2000 WATER AND SEWER DISTRICT The District currently provides service to approximately 26;000 water and sewer customers {residential and commercial). The District's current operation. and future expansion are funded by user fees and a $2.4 million transfer from the General Fund. CAPITAL IMPROVEMENT PROGRAM ` No funds are included for directly funding capital projects. Plans call for financing the 'cost of developing -Veterans Park, administration building, judicial building, and jail expansion. The Board may want to increase the budget to fund some of these projects on spay-as-you-go basis: ' ACCOMPLISHMENTS The County had a successful year. Summarized below are a few of the many items the County and .its staff have accomplished during the past fiscal year. • Assisted citizens through. preparation and recovery from three hurricanes o Recognized the employees of the Landfill for recording 5,000 consecutive days without alost-time incident. • Moody's Investment Corporation upgraded New Hanover County's bond rating from Aa3 to Aa2 on General Obligation Bonds and Al to Aa3 on existing Certificates of Participation. ' o Expanded the amount of information available to citizens via the Internet. The new Register of Deeds system will be online in November and .greatly increases the convenience offered to the public. UNKNOWNS There are a number of items that are unknown, which may impact this budget prior to the end of the fiscal year. • The best way to fund and address the County's drainage needs. • Future annexations by the City of Wilmington. • The County's role in Legion Stadium renovations. i New Hanover County Board of Commissioners and Citizens May 22, 2000 • The most efficient way to provide child support services. ~. '~ The best way for the County and schools to plan and meet the future needs of students at an acceptable tax rate.. s The State's actions on mental health. There are many expenditure demands facing the County. This is coupled with a slower growth in the tax base and decrease in sales tax revenue. This tightening of the revenue stream is exacerbated by the city's involuntary annexation. The State Legislature must be kept aware of the needs of local governments for alternate sources of revenue. Additionally, the financial hardship that program mandates and shifting of program responsibility has on local governments must be made clear. The revenue assumptions and. human services funding levels are based on no major downturn in the economy. This is a very tight budget. If economic conditions worsen or other unforeseen events occur, I may have to bring budget amendments .back to you during the year. The estimates for revenues and expenditures are sound, but with no comfort margin for shifts in the economy. There is no funding set aside for future projects. While not budgeting for future needs has no impact on FY 00-01 operations, plans that have been established for the future will .need to be altered. Thanks to .County employees, New Hanover County continues to provide high quality services to the citizens. As the County faces many challenges, I know the citizens can continue to expect and rely upon a high level of employee dedication. But static staffing of expanding facilities can only be stretched so far. -The staff and I look forward to working with you as the FY 00-01 budget process is completed. Sin Qi~~~ Alled O'Neal County Manager } , r ._ ~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD.ACTION - . -'=-- ~ Meeting Date: 06/05/00 . -~~~ Regular Item #: 5.1 Estimated Timer Page Number: . Department: Planning Presenter: Dexter Hayes, Contact: Sam Burgess SUBJECT: ~ ' Z-697 -Rezoning: Request R-15 Residential to CD(B-2) Conditional Use Highway Business and B-2 Highway Business (Z-697, 03/00)• . . BRIEF SUMMARY: . • This item was tabled for one month as result of issues presented during the meeting about the potential traffic impacts of the project and other projects that may also be forthComing.•There were two objectives for tabling the .petition- for a month. The first objective was to allow time to get - ~ . abetter understanding of the cost for the proposed grade separated interchange at Monkey Junction: The second objective was to facilitate discussion between the Transportation Adivsory Committe, the Metropolitan .Planning Organization,. NCDOT, the Wilmington City Council, the New Kanover County Commissioners and the Z-l Commercial .properties about possible funding for the interchange. - ,; RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recorrimends the petition to be approved in phases. FUNDING SOURCE: none '. ATTACHMENTS: ' ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: , ~~ <. 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 Roacl 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 dtivelling units .per square mule. Urban services are already in place or "scheduled within the immediate firture. 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"regtilations. - . CONTINUED ITEM FROM 5/8/00 MEETING: ~' ' This item. was,tabled for one<month as result of issues presented `during the meeting ' about the potential traffic impacts of the project and other projects that may also be ~ ' ' forthcoming:.There were rivo primary objectives for tabling the petition fora month. The first objective was to allow time to get a better understanding of the cost for the proposed grade separated interchange at.Monkey Junction. The second objective was.to facilitate discussions between the Transportation Advisory Committee, the Metropolitan Planning .` Organization, NCDOT, the Wilmington` City Council, the New Hanover County Commissioners and Z-1 Commercial properties about possible funding for the interchange. } .. NOTE: At the Planning Board meeting on March 2, 2000 the petitioner asked for a continuance in order to pursue a conditional use rezoning as recommended in the staff summary. The petitioner has amended the request to a conditional use rezoning for Parcels 1=4 shown on the attached Site Plan #1, which amounts to 40.9 acres. The rezoning request for the remaining parcels is for a straight B-2 Highway Business district. ~ ~ ; , ~' ;k, . PLANNING BOARD RECOMMENDATION: (4/6/00) The petitioner provided a detai'~led presentation about the proposed"shopp'in'g center-project: The presentation covered the information that the petitioner had presented~dtiring two previously held community meetings. The primary issues discussed were traffic, stormwater management, and permitted uses. Several people spoke in-'favor of the request"arid a'few people warned about the traffic impacts. No one spoke in opposition to the request. The Planning Board voted "on three different motions 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 $usiness. And finally, the Planning Board voted 3-1 to deny the request to rezone lots 5 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/Motels and Resort Hotels/Motels from the permitted use table for the entire Conditional Use aiea.,The planning board also amended the permitted use table for Out-parcels 1 & 2 on College Road to be-more Q restrictive. V STAFF SUMMARY: The subject properties are located adjacent and behind the existing commercial center at Monkey Junction, and have frontage along both South College Road and Carolina Beach Road. The petitioner is requesting a rezoning for this property in order to develop amulti-use development with approximately 444,000 square feet of retail,.restaurant and office space. Qilthough this is a very large sight to rezone for highway business, it is a logical location for a regional commercial node. 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 MPO 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 O&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 ' k major intersections to accommodate uses that serve a regional market." Given the acreage of this property combined with the existing commercial uses already 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 centi r 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; 29 -. 4 30 1) 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 to 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. 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 life 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 portionsof the site submitted.underthe conditional rise permit. The petitioner should return with a conditional use site plan for the remainder of the property at a later date.` T ., ~: ,. , ~; Case:.Z-697, 03/00 -Special Use Permit for a Conditional Use B-2 High~ti'ay 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 byCounty Sewer and Community Water B. The site is located in the Myrtle Grove VFD C. Access to the site is proposed in hvo locations on South College and in four locations on Carolina Beach Road. The applicant's traffic impact analysis proposes the addition of both right and !eft hand turn lanes in several locations and proposes a signalized entrance on South College Road across front - 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 mach of the site was distetrt~ed 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 that the use will not substantially injure the value of adjoining or abutting property or that the. use is a public necessit~•. A. Surrounding land use 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 Hightivay 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 Greenbrier subdivision to the north, a doctors office directly across, the Myrtle Grove branch of the New Hanover• County 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 13-2 Highway business district at the intersection. C. Across Carolina Beach Road from the subject site is a B-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 field that the location and character of the use if developed according to the plan as submitted and approves]-will be in harmony with the area in ~vlaich it is to be located acid in - -genera] conformity with the plan of development for New.Hanover Count}'. - ~ , A. ;The County's comprehensive plan recommends locating "regional commercial nodes at major intersections to accommodate uses that serve a regional market." B. A coanmei~cial node in this location would intercept traffic from the south going to.other retail 31 - .centers. fiu-ther north and would also attract some traffic from the northern parts of the County. • ,PEI~MIT7CED USES (For Out-Parcels 1 c& 2) Agriculture, Forestry, Fishing • y 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 & Ldans Services Business Services Including Printing Electrical Repair Shop Equipment Rental & Leasing (No Outdoor Storage Areas Membership Sports & Recreation Clubs Personal Services Watch, Clock, Jewelry Repair Barber/Beauty Shop . Educational Services Libraries ~` Museums Other 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 32 ~. - , ,.1St of PoSsi 6le uSeS Fdr E~~•re -. Condit;oral (.lS~ A,^ea . ! _ ~ ~ _ EASTWIND ENGINEERING COMPANY, LLP - • Civil Engineering. 1929-G Oleander Drive Land Planning ~ Wilmington, North Carolina 28403 • (910) 342-9144 Fax: (910) 342-9141 . March 17;2000 • New Hanover County - llllonkey Junction The following are permitted uses within B-2 Zoning Districts - Agriculture, Forestry, Fishing .. Kennels (Pet Grooming) Veterinaries • Mining _ ~ None . Construction None . 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 iri height and ancillary to the principal use Wholesale Trade None Retail Trade Apparel & Accessory Store ~ • Building Materials & Garden. Supplies Convenience Food Store (Eliminate firom-Out parcels on College Road) Drug Store Eating and Drinking Places . Food Stores ~. Furniture, Home Furnishing & Equipment General Merchandise Stores 33 - Handcrafting Smalf Articles . ..,Hardware . \ Miscellaneous Retail ,, .; Financing, Insurance, Rea! Estate BariKs Credit Agencies, Savings & Loans . , _ , Services Business Services including Printing Dry Cleaning (Drop-Off Only) Electrical Repair Shop Equipment Rental & Leasing (No Outdoor Storage Areas) ._ ,-.. .Indoor & Outdoor Recreation Establishments, Commercially Operated Indoor Theater Membership Sports & Recreation Clubs Personal Services Watch, Clock, Jewelry Repair Barber/Beauty Shop Health None Educational Services Libraries Museums , Membership Organizations ~ . Churches ~ ~ .. Lodges, Fraternal & Social Organizatiohs except Residential Fraternities/Sonorities; 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 ~~ 3/,~ Special Fund Raising for Non-Profit Organizations ' "'~' Evangelistic and Religious Assemblies not conducted at a Chut'ch `' Z-697, 03/00 Petition Summary Data O~vner/Petitioner: Joseph Taylor for Z-1 Commercial Properties, LLC Existing Land Use: Vacant /Residential Zoning History: October•15, 1969 & April 7, 1971 ' Water Type: Community Sewer Type: County Recreation Area: Myrtle Grove Middle Access and Traffic Volume: S. College 19,10.0 Carolina Beach 15,800 ~~ Fire District: Myrtle Grove . . Watershed and 'Water Oualitti~ Classification: Motts C(S~V) t 'Aquifer Recharge Area: Primary , .Conservation /Historic/ Archaeologic Resources• None . Soils: Leon (ClassIII) " Building Suitabilih~: Limited . Schools: Roe ;~ ~ • 35 4, ~~ \~ /\\// ~ r~ ~ ~ ^~ ~O ~-- ,~ ~~ ~ r'` ., .~~ -, ~ ,, ~. {This page intentionally left blank} ~ ~. ... 1 ,.~~: .a ~'. t ..~ --l--- - _ -- ~.a_- a° - - - -- -D - -- - - _ -- ~ - _ -• a -- i - - ` -- L P.~ ~ .~ -__ . _ _ ~~19 ~... - -- --- --I -- _. .;~ .-, V "'. ~~~ O ~~.~~~ ~~~-. C4 ~ " ~ ~ i1 ,,,r; r k ;s p.i ~.i '' r` +.. - _ ,. t" ~ ~ -~~ I sY Y. ,,,r l . f F~ f ~. ~ ~ ~ ~+ _.i .._. .... _ ____._ _ __._~.____. I ~ ' • I ~ .._y~yy,., r rg i _4,Y'•. '`4~t~ a t.< Jam, i.4' ,t t -.F.~ 'i t: ~ - ^j ~ t~ t I -`- _ ._ . .~ v-.-r .~_~.~ __._ _. a ` / ti :.c? L.. ,` te ~ :~.1 x.11 ../ 1.1 .~ ~,• r ) ~` _` ~ 1, __' `f i . t ------- ~ 1' ~ • ~r _ _ i _ , ~~ ~s- ~•..-..._...t . ~• _ - ~ .. _ ° ~ _ . _ j i 4 - ,` ~' .... _ ~ _.,-r++ ~ ;~ y A ... "R5-. , + ~ , t ,_ -+'_r.~ 'W4. r~ Y ~Y.+..~M+ • ~ it J _r.' _._ _,...~.. - ~ 2 1 ~ j ~ Y . ..- ~ ~ s~~ , ~ ~....w..~..-...r TN . _.r~~-~~ I r .S , ,• i+ ' _ { , ' ,1 ' r + ~ ~ ~ _._.. ......~.. -. _ _ ~ ,_..._ r._..~..~ ___._ __.~__ _~~ t 1f j' _. • - ` _i Vin.. ...... r M ~ • ~•' ~ t r ..~ t - .. t r t ~ ~ 1'~ ! ~ T^~ ~"^. {~, r~...l ,~• ~' r .T~ g `~ .- r • • .. .. ,- ~. .` ~ .. ~ ~ n. , y, . ~• tl ^ 1 ' . ~_ - .. ~r ~ { -`t ~ `~ ;~ • We would then present the County Commissioners Monday night with a ;'condition stating that the developer would be willing to pay a transportation impact fees up to $X's in accordance with an interlocal agreement and transporation impact fee policy to be in place prior to the issuance of the Certificate of Occupancy, We also wish to state that the fees would be available for interim improvements prior to the ultimate improvement proposed in the Thoroughfare Plan. The other conditions ,concerning construtibn deadlines etc. discussed in the correspondence from Tom will be finalized as.part of the inter-local agreement process. Please let me know of any questions you may have concering this matter or if I may be of further assistance. I 1 U ' ~ ". ' . .: ~.. ~J \J ,~~`~ William Caster 06/02/2000 06:41 PM To: County_Commissioners cc: Allen O'Neal, Wanda Copley, Kemp Burpeau/NHC@NHC Subject: Monkey Junction I had e-mailed Laura to see what had been done on the situation with Lowes at Monkey Junction. Here is her reply. -------------••••-•••• Forwarded by William Caster/NHC on 06/02/2000 06:42 PM -•-•-•-•-•---•--•-•-•-•-•-- -,~,, Lwpadgett@aol.com on 06/02/2000 02:45:52 PM ~.. -~ „~.,d . To: bcaster@co.new-hanover.nc.us cc: .Bill.Austin@ci.wilmington.nc.us Subject: Monkey Junction Bill., I talked with Joe Taylor several days ago when I saw him at the Business Awards at UNCW. He said that the Zimmers and Lowe's would definitely be willing to participate in some way in the solution to future traffic problems at Monkey Junction. I recognize they are already doing some with road improvements there. He is very much in favor of traffic impact fees, as long as they are fairly assessed. Then last week I met with Richard Collier. He said basically the same thing. The issue is how to deal with "such fees and how to work out something for them as the current developers. I suggested that there might be an agreement that they would pay their share at the time that any traffic impact fees are in place as if the fees had been in place at the time of their development. Then they would wind up paying their fair share but would not have to come up with any money now and if the fees were not ever instituted, they would not have paid alone. Bill Austin suggested using a Surety Bond that would later (within a set period of time., like maybe 5 years) be contributed to the cost of improvements in the intersection. .That would let them know the .amount izp front. I spoke with Tom Pollard and he will get with Kemp Burpeau to see if such an agreement could be worked out and Richard is going to get with Bill Austin and John Ponder on the matter. It appears that from a cost standpoint and the ability to do something soon, that the Centerturn Overpass design would work the best and be reasonable in cost (about 2 million, we think). That would be a new road design, but John Ponder and other engineers agree it would work. Bill Austin and I are going to meet with our counterparts from Fayetteville in a couple of weeks because they are trying to get the DOT to build one there. Unfortunately I have a family commitment out of town on June 5th that is impossible to change or get out of, so I cannot be there, but Bill Austin will be there to answer questions and perhaps Kemp will be there and aware of the agreement as will the developers. Hopefully, this will get some conversation going about traffic impact fees. The communities that seem to get the most from DOT and the Federal govt seem to bring a piece of money to the table themselves. I agree with Buzz i c._. i - . i ,. . . .... ~ that we have~not received our fair share of the road-building money from the DOT, however, when the Smith Creek Parkway is completed we will have recouped quite a lot of what we're owed due to the complexity of that project. With the way•the DOT is looking at funding for projects, we will have to build some roads that are needed ourselves, as are other parts of the state. At least there is now hopefully some conversation going on about traffic impact fees. Hopefully more later. Please forward this email to your fellow commissioners. Thanks. Laura ,~.~~ William Caster 06/02/2000 06:42 PM To: County_Commissioners cc: Allen O'Neal, Wanda Copley, Kemp Burpeau/NHC@NHC Subject: Re: Lowes Project FYI --------•--•--•---•••- Forwarded by William Caster/NHC on 06/02/2000 06:45 PM ---------------•-•---••---- ,~ ~ Lwpadgett@aol.com on 06/02/2000 02:54:08 PM ~. To: bcaster@co.new-hanover.nc.us cc: Subject: Re: Lowes Project I was working on an email to you yesterday at about the same time you sent this - I just sent it as I got interrupted yesterday. Also, I am trying to reach Richard Collier this afternoon to see what he knows. As I mentioned in my email, I will be out of town. I would have asked for a couple more weeks if I had realized the conflict last month, but the developers seem more than - willing to work this out which is great. My cell phone number is 9i0-262-4025 and it will be with me and it has voice mail. I will get back to you. Thanks. Laura • .: ~J ,~ '~ William Caster ~~ 06/02/2000 06:46 PM To: County_Commissioners cc: Allen O'Neal, Wanda Copley, Kemp Burpeau/NHC@NHC 'Subject: Fwd: Lowes Rezoning and Transportation Impacts FYI •--------------•-•-•-- Forwarded by William Caster/NHC on 06/02/2000 06:49 PM ••------------•----•------- ,~'-._ i Lwpadgett@aol.com on 06/02/2000 03:05:52 PM '_~~`=~_ To: bcaster@co.new-hanover.nc.us cc: Subject: Fwd: Lowes Rezoning and Transportation Impacts Bill, here is a copy of an email from Bill Austin that seems to answer all the questions. Sorry for the confusion as I work through my accumulated email! Please forward to your fellow commissioners. Let me know any questions. Thank you very much! Laura Return-Path: <Bill.Austinc~ci.wilmington.nc.us> Received: from rly-zd02.mx.aol.com (rly-zd02.mail.aol.com [172.31.33.226]) by air-zdOl.mail.aol.com (v74.10) with ESMTP; Fri, 02 Jun 2000 10:45:03 -0400 Received: from it-msl.ci.wilmington.nc.us ([208.227.144.2]) by rly-zd02.mx.aol.com (v74.10) with ESMTP; Fri, 02 Jun 2000 10:44:22 -0400 Subject: Lowes Rezoning and Transportation Impacts To: dhayesc~co.new-hanover.nc.us, Tom.Pollardc~ci.wilmington.nc.us, Lwpadgettc~aol.com, kburpeauc~co.new.hanover.nc.us, John.Ponder@ci.wilmington.nc.us Cc: Wayne.Clark@ci.wilmington.nc.us, Andrea.SurrattC~ci.wilmington.nc.us From: Bi11.AustinQci:wilmington.nc.us Date: Fri, 2 Jun 2000 10:42:55 -0400 Message-ID: <OF61CAD63F.09F7CA51-ON852568F2.004B2BC9C~ci.wilmington.nc.us> MIME-Version: 1.0 Content-type: text/plain; charset=us-ascii X-Mailer: Unknown .John Ponder and I met with Richard Collier yesterday to discuss the tranportation impacts of the proposed Lowes at Monkey Junction. We were unable to arrive at a final figure or methodonlogy for use before the County Commissioners meeting Monday. However, we were ale to come to agreement that the developer would be willing to pay an appropriate fee. The mechanism agreed to was that Richard and I would correspond by e-mail on various methodologies for determining impact fees from other jurisdicitons over the weekend to determine a not to exceed amount for the proposed impact fee for the Lowes. I will convey this recommendation to everyone on Monday prior to the meeting. ` "~ i (~. ~ .. JUN-26-00 MON 11 05 AM NHC PLANNING DEPARTMENT FAX N0. 9103414556. P. O1 ~ ~ , ~ . ,~ . ~ f~ ~~ sf A.l~t ORDYNANC~ OF THE COUNTY OF NEW 1~i,P+IOVER AMENYIYN'G THE BONING MAP OP THE MASON$ORO t , f ZONING AREA AND ZONING AREA Nu. 4 "1"IiE IIOARD OF COI~IlI~IISSI4NER~ OF NEW I-IANUVF:.F. CUUN'1'Y L~C)'1'H [~liL3AlN: °Seclion I. Tl~ 2otuu~ Mai of tine Maswllu~tnloniug Area and 'Lomng Ama I.v'o.~• is hereby rzmrnderl by rrtuvviup, tl-e lierru,a.ite, described tracts ft~m the h-15 l~sidtuii~( ;top;~+g t,)istrirt CIassiticati~in and placing than in the t~1)(13-'L) t_:ondrttonfiA UsP I I•rghwAy Finsincss 1')igtrict:. 1'le,.TaY .sar? ntirrr.H~~ rL-.cr~ri~tinjzs of trrrr:ts 1, 2, 3, and ~. Tirrct tzumhe~ s corn°~sponCl wiZlz the attached -J1lYlY. Seotion 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the honing Map of the Masonboro Zoning Arco and Zoning Area. No. 4 on file ixt the office of the County Commissioners, so as to make it comply wirla this ordinance ~ec:tipn 3..hny orclinant:e or auy Ndr6 of xsuy orclu>Ruu:e u~ ~u~a.(licl with tIls u,diuanc.:, to the raEtcnt of sw:Ix 1:41ttniCta is lieieby repealed. ~octian ~•. '1'hts gsAmanee, t~ acioptrd in the intrrcgt Rf puhlie hcfllth, safety, motels rota goncrai welfare ~f the inhabitants of the C:qunty; gf,Ncw Hanover, North Carolityta; and shall be in full force and ef~eet from and after its ndopuiiri' , ; ~~ ~ .. . ~` } ,, Adppted the 5`~ day of June 2000 , I .~, .~.. . ~~ ~ r.~. r.s '_ f .~:;~ ' ,-` William A~ {.:?i.StP."P, f:hatrntat~ ~.il ~ , . ~, ~ i ., }~ Clerk t~ the hoard <1~~ ~~<~,, , ,. ~~ .fin <~ ~ ~ ~ - .. ... _ .. ~::r.... .. , Puxt-iC" Fax N16S6 /ti/1 L1aie ~~^~[1- I ~NIII i/r Jl clloapr. ~ - Lr - N~yll.>r Phono e ' ~J~i ,a li.~,. ~,~ l.~ !; 4 OF NEW 1EY.41r10'VER COUNTY, NOIYI'N CAROLINA Al'}Op'TED Ocluber 15,1969 & ,~1,p,ril 7,1971 Rescpertiwely JllN-26-0d MON 11,05 AM NHC PLANNING DEPARTMENT FAX NOr 9103414556 P, 02 ,. C:(7UN'1'Y Ol<' N~;1't' )fdA1~TU'4~1t STATE U]B' NO]Q'1H CAItDLINA ® ,~ UlILDI:R GIiANTIlrTG A SPEC1fAL USE T'ERI~ FOR :~l'I;i:ll~ 1(: lit~~ PAIL UtiL+'S fhT ,~ COATD;('1';zONAL U9T iHIGI.IWA'Y' 13tiTS,>~3S ZONINGr DLSTRi+CT -697, t13lUU . The County Commissionc3rs for Nraw Hanover Cautery having held a public hesrinfi on June 5, 2UUU to constdce• application numbcrL-6JY submiitcd by J'ocscph Taylor for Z-1 GpmntCxCinl pLt+}rcLtiea, 8 Lr~lut`si f~L H sjih`.ial 1e5L': jrrrneit foe,rraiT ns~ in a ennditirrnal ucn iT-?. I liphway bnsinr.~e zoning district located due npr[h pt' Monkey Junction snd frontinfi on South Collefie Road and Carolina 13cach Koad and having heard ail of the evidence tend arglmnonts presented at the hettrina, Luake il,e fullLtwistg FIIdDINGS C1F FACT 2ud draw the fullwrrinb CONC.T T_TSTQNS• 1. 'Ihc County Commissioners FIND AS A FAt:,'T that all trf the specific rajuircmcnts set fot71'i in - Srr.:tion 77.-~? crfthr C.'rnnrty 7.rneing Clrr3inanre: WTT.T, he sa,ticfied i#•the pml~erty i5 deveinpetI in accordance with the plans subtuitttcl w the CouxLty ~tyQarni~yitnrrr~. Z. It is #hc l;ounty C:omrntssioncrs' (.:UNC:LUSIUN that the proposed use laU1;5 satisfy the fir3t general 1tKjllllL'lllCJAt 1LSted ira t1te. Qrdiit#r~tira:; nam~.ly chat tlrr. tr5r. will lint mpt~rially rn,•langcr the T„rhlic heatth or safety if located where, proposed and developed according; to the plsm as submittal arLd appeared. In support of this. cpnolu~;ion the Cpininjssioners inalce; the foliowutg FIl*TDINGS dF rac:T: . A.. The Subject property is served by County Sewer and Community Water Yi. 'Ihe site is located in the Myrtle Crrove'VFI~ ' C. Access to the site is proposed in two locations on South [:ollcc aacj m two locatLOas on t;¢rohntL k3GGCh lisraci Tlrr. altlatirarrE'c trtrffir. ingrai`i analy~ic l~ ter. .. ~ i'cf hnrh ri~hr and left: hand tnrn land in several locatioies and pr a si en cep ~ Road across frcnn the existing bey ~. site. ~ t o '~.• ; , 3. It is the County Commis3 ~rreral r,xl»irrrrernt lidrxl specifications. In support c - FACT• is pr scd usc;DUES st-tis~v the sv~cand t the r meets ali regained can~~itions and gipnriS make Ore !'olTowir,g FINLIIhTCiS dF ,•.. 3 , A_ A site plan has hxn su[mrittcd m accnidance with section 59.7=~ of the mmno ordinance. >a, Ail setbacks and buffer rccjLiinsst,:nts.can,,tu met. ,. ~ ;,;, C. 13a^,ed on the County maps no Cpneeivstioa Reea,~ee have bcCn idcnti~td. However, some poCl:ets of 4p4 wetlands do t7xist qnd wiU ttscd to ba inspGGtCti by tk,c Army t.orps of ~f;n~nccrs_ . . P, ~ipt all of tlrr ~io,rlificant tiY.rs have E~r.~n iprratt-rl ern cite. Althtn,glr, much of th,e.sifr, was disfnrhed by the old se&laali Sells, the Gounty aetia! photograph indicates that most ofthe sgnificiutt vt:s~ctaiiga exists Lan O,r CLl$tCCLI pnrGGl3 Of tlLC 3,tC. ~ i, ~° ~ ! , ., 4,' 4. It is Hip f'.atmty Commissinnrrx' (:i7N(:1.1,151t)N that tlrt, pmpnteil.u~e 1 N )l ~:~i ~Lttet'y tht; ihirci o ncral requitement listed ip ibe 4rclinance~ namely that the aye will not substantially injure lLr• value. ur adjaQLing e~ abutting property,, or i113t the use is a public tieeessity, In support of this epnclusion, the (:atnmisgioncrs make the following 1-'INl)1N[YS t7F' E'AC'Y': , i, ,. ~ ~~, A. $turutinJiu41zuu1 usr+'truii [tvnn iy'a r~nrliiralirpr ufrr_cidnrlial, ~ umuu.n:r.tl acrd igzrin,r~neal. Srnrth afthc stte at the lntersecdon of South College acrd Carolina Beactr Road is a B-3 Highway business district. 'T'hree is on Et-1 ~ rovidcntial di,urict abutting the northern property line and file w~~~m pip@rty line: There i, an rxiating aln,rr.lr in the. ~-15 nntn ah~itTinv, the, nrntht:r n hnrnedery , .; 9 ~. i ... .,, ' ® ' ~. s ~ .. .~, „~ , . f, ~ .• ~~ ..: t ~, i : ' t.:+,~:~~ ,i; ~.~~~i. ,S i... .. 7.; ,dii~h~, „ ~ II. ~,,~, ~if.Ii JUN=26-00 MON 11 06 AM NHC PLANNING DEPARTMENT FAX N0. 9103414556 B. Aeruss.^~+~ullxl.'.+a11~~cRu~ifli+ILe+:++>II(+rrr.iSlhr.Cie~e*adariis+ynlufi~i~ii,m6~Ihr.n+~rlFt,rtl+xau~soiT~' dlrecrly across, the Myrtle Grove branch of the New Hanover County Library is south of the doctors afflce. tiom;: ltutitcr south4, the office and u4,htuhotlA! w~C5 alore~ the cost srdc of c:oLc;:c Koad >rvc tvgy to ti 13-~ T•lighway lrusiness.ji.+xrict atihc intcrsecticm. C. Across Carolina Beach Road from the subject site is a B-Z Highway Business disirivK occupied by several mffrrent retail store.,. Adjacent to the 13~ di~r'iCt i : a K• ! 11 n ,identia! distract nccupiccl by the Koynl l~tlm3 mobile hrmtc rnrk. 3. It is the County Commissioners' CONCLUSION that the proposed use IaO1vS satisfy the fourth general requirement listed in the Cirdinunce; nttmef~v that the location and chotEietcr of the use if dcvelnPcrt acccrrdinL. to the Plan as Snhmittcrl and ajt~rgverl will l~r. in ba~7~uonywtt]t the a[c'n iu Wltith it is w br lvcalrcl and in Krttrral conformity with the plea of development far New Hanover Countyy. In support of this conolusian, the Commissioners make the following FI.t~II~INGS OF FACT: A. The County's cnmPrehcnsive Plan tcrrmtmrnrls &Keting "rrgirmal rninu+i:rr:iAl nuctex rt tttajcu iutrrsrc:ituus W ar:conuauciale usrs that serve aregional market" 1;. k1. commercial node in thi. location would intercept tratfc from t#-e south gams to other rctalf Ccntcrs fitrther north and would also attract snmc traffic front the nnrthcnt rams i~f tTtt t^.r+» my G. TirCtCfurc, Lex:ausc the Cuuuly Cuuirr~i~sipnrrs wncluJr chat all of the };eneral and specific conditions precedent to the Issuance oP a Sl?IzC1AL tJ51; PERMI? RAVE been satisfied, I"I' IS C11i1~1:REL~ that the application for rho gssuancc of a `;i'h:C;lAL U5lr PL•;KMI't' 13L'C,ItAIV'l'iiD subject to the 1+nllawinB t tL That the app]icant shall fully comply with all of the speclflc requL•tements stated in the t?rdinance for the pmpnsed use, as wet! ss any additional conditions hereinafter stated. B, If any of the conditions imposed by This special use petmh she!! beheld invalid beypnfl the authority of this Board of Commissioners by a court of competent,lnrisdiction, =hen thierrnit shalt become void and of Bo eflfect. .r + C. All other applicable federal stale and 1tiC311nws, ,~;`°~ ~~~~Z~„ t` v`, , T1. 4nc~r Conditions= , ~ .~, ~ •.~ ~..'~ I} Paymertrofatrsn5p4rtation fee'of1~~;'~ ~ per _O.,q axa~eet o ss leasable area tiY@en me l;dy of Wilzttinfiurn and New:HandvlrrCg ' : r in n t afro t.'t'he funds suit! be returned !fan award for the Ltterseceioli•a v ~ Con c e S years. 2) No addhloual curb curs ou eo e'~ ~ e eout-parcels. S) impmve existing service road carotins Beach road to coJlectorroad status (3ti' minimum} with addedslde .'~ ~) Provide sldewafk , aIanq msiri a to sllow for peda~rlan circulation throughout the development. ~ `, ,' a n^+. a 5) Int6tnal drive aisles :Mould he sligded to decrease traffic conflict,t "' " g} Lighting; should be directed`intemalIy to thcproject to protcct'adjaccnt rctiedpnttal arcag. 7) Landscaping should be provided liet^~veeu fire boil ~ ~^ irnd the dnYC tttsics m LSCCOrdanCC Wlth the C;tiy of Wilmingtotx stnndatd , fpr Eargcr3Ct<iC rctgai dcvclopmcu'ts. L~) Add lantlscapo wland3 at onds of parking r4w3 mcludtn~ thosC with hlmdiCap spaces. 9) iacorporate the c.~crstmg 5nccdcri center mba tJxc dcs~~u as much as possible iflrough orientation end oligttittg drive aislaa and cntnprACCS to'cxlsttn~ uses. Ili 1 5evernl clusters of trees sttould.bc~prnscrvcd m the northcest corner ofthc"site. 11) Ehrovide road stale; to rrl! p+uro+:ls incJttdcd in this t+czonittg tcqu~t and to the Weaver prapsrty to the wCSt_ I ~) ' I o provide bc>bCr#mnstt2on is the neighborhood, the two out-perccis in the aorthcast comer (noted as Out- Purcc118t Z on rho sift plan) sFioul~i be limited to the tit~citcd list of tires as revised. Par the balance of the propct•ty the submitted;li3t of uses wa.~ aPrmved with the climinati~n of TTntats ,@: Motels and 12rsnrr. IIotellMotel ~ . ]3) Large interiorparking hays nett] to pmvide same +$ivc aislr. connrrtinns .. ;t ~ ; ~, ..~ ,•. " .,. :i.: ~ ;~,!~ ... a': ,;~,~ ,. P. 03 i , F. ~~" ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS - REQUEST FOR BOARD ACTION - Meeting Date:. 06/05/00 . Regular Item #: 5.2: Estimated Time: Page Number:.. .Department: Planning Presenter: .Dexter Hayes Y ,Contact: SAm Burgess ~; • ' ~..~ 4 i SUBJECT: ~ - S-459, Special Use Permit for a Community Boating Facility (Ramp) BRIEF SUMMARY: Petitioner requests a special use permit fora community boating facility "' RECOMMENDED MOTION AND REQUESTED ACTIONS• Officers of the newly estasblished Trails End Boat Ramp Association presented their request to control access to the existng Boat Ramp at the end of Trails End Road. Several members of the . Boat Ramp Association were present in support- of the petition. There were also several people • present in opposition to the petition. There were significant discussions about ownership of the .right of way and the rights of the public including a Commercial fisherman who used the ramp for many years. After much debate and discussion the Planning Board voted 5.1 to approve the establishment of a Community Boating Facility with two conditions. 1). N.o to r to the ramp will be constructed until legal ownershi has-bee etermi 2). If ownership is establis e n agate is. installe rai s' nd Bo t Associatio will establish-riteria to allow local commercial fishermen to use the ramp. ~ `" ~~ FUNDING SOURCE: - ~ none ~ ~ ~"' ' ATTACHMENTS: 2 `~ - 'ITEM DOES NOT REQUIRE REVIEW C'~ r c - '~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIO S: G COMMtSSIONERS' ACTIONS/COMMENTS: ~~ ~ °~~ ." ~ 7 ., ~~ Case: 5-459,,05/00 -Special Use Permit for a Community, Boating Facility (Ramp)„ PLANNING' BOARD RECOMMENDATION 5/4/00: C Officers of the newly established.Trails End Boat Ramp Association presented their request. to control. access to the existing Boat Ramp at the end of Trails End Road. Several members of the Boat Ramp Association were present in support of the petition. There were also ~ -- several people present in opposition to the request. There was significant discussion about 'ownership of the right of way and the rights of the public including Commercial Fisherman who have used the ramp for many years. After much debate and discussion the Planning Board voted 5-. 1; to approve the establishment of a Community Boating Facility with two conditions. 1) No Gate restricting access to the ramp will be constructed until legal ownership has been determined. 2) If ownership is established and a gate is installed the Trails End Boat Ramp Association will establish criteria to allow local commercial fisherman to use.the-ramp. ~ - , ,. 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. , - ~ - 1 : r e A. The subject property is served by community, water and County sewer. , B. The site is located in the Myrtle Grove VFD, , . , . , . C. Access to the. facility will be coriferred,fo the members of the Trails End~Boat Ramp Association only. .. The Board must.find that the`use meets all r.egtiii~ed conditions and specifications of the zoning 2. ., ordinance. _, • A. The subject property is zoned R-15 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 right to use the facility must be conferred by an easement appurtenant to the residential project~it is intended to serve. E. Co.mmercial'activities, including but not limited to the sale,of gasoline, oil,. marine supplies, and foodstuffs, shall be strictly prohibited. - 2. '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. ~ r A..'The surrounding land use is residential. The surrounding zoning is R-15:~ B. Other private residential piers are located in the vicinity. However, several of the surrounding - residential lots currently use this ramp. 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." V , A. New Hanover County land use policies encourage the consolidation of riparian access. ~' B. County policies state that the development of marinas should be allowed as a means of providing .t~; public access provided they do not adversely affect estuarine resources or public trust waters, they . shall not be allowed in primary nursery areas, SA or ORW waters, high ground facilities are ~~ acceptable. C. County policies also encourage additional public boat access facilities, recognizing that adequate, properly sited facilities are essential to the preservation of both the environment and the economy. Staff Comments: 1. -This boat ramp has been in use for several years. Although some deed's may reference specific rights to use the ramp, the public use over the years may have created prescriptive rights for the public use of the ramp. 2. A homeowners association will need to be-created to manage the facility. 6, Case: 5-459, OS/00 ~- Petition ~Surnanary Data ~ .. ' . Owner/Petitioner: Trails End,Boat Ramp Association . i Existing Land Use: Boat Ramp Zoning History: October 15, 1969 Water Type: Community i Sewer Type: County Recreation Area: Hugh McRae Park Access & Traffic Volume: 16,000 at intersection of Masonboro Loop & Sound Rds. 1 Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Masonboro Sound (SA) Aquifer Recharge Area: Outside Primary & Secondary Areas Conservation/Historic/Archaeologic Resources: None Soils: N/A Building Suitability: N/A 4, 0 Schools: Roe I'1HY-~ti-~tDbb 14 ~ 55 r KUI'I UKHL LUU I L + 1 Nl. - Pl l NU I + NU I U ,;, y James M. Lillis Jr ~' 620 Trails End Rd Wilmington, hTC 28409 May 26, 2000 Mr. Bill Caster Chairman, County Cuuui~issiuncrs 320 Chestnut Street Wilmington, NC 28401 ~.• Dear Bill; With reference to our recent telephone conversation regarding Trails End Boat Ramp Association's application for a special use permit, I want to share with you our profound disappointment in the way County Officials handled this matter and the negative impact e,f tke County Attorney's bizarre eleventh hour decision on the Trails End Community from the slxudpuint of Fublic Hcalth and Safety, Property Values and the Quality of Life. Over the past 8 months I along with other residents of Trails End Road met with Dexter Hayes and Kemp Burpeau to explore various options for gaining control of the private deeded boat lamp an Trails End Road because of over crowding by non residents, excessive littering, lack of auvess to Trails End residents, nQn resident speeding and drunken driving. and the need to carve out a fire lane to insure 24 by 7 dny access to the homes and rectailrant adjacent to the boat ramp by emergency -vehicles. . As a result of these discussions, we followed the direcuon of the Cauuty Attorney (Kemp Burpeau) and the County Planner (Dexter Hayes) to form a Boat Ramp Association and apply for a Special Use Permit. Both individuals knew that we would make a best effort to gain majority . participation but we were very clear that 100% participation was out of the question because of the general diversity of residents. We were successful in gaining 95% participation. Neither I~emU nor Dexter advised us that 100% aarticipation was apre-reauisilC. Thus, we invested a significant annount of money to organize, incorporate, register with the New Hanover County Registrar, apply for Special Use and CAA!tA Penrits and hire an Attorney. Why would we have gone through this effort if sue were aware of the 100% Rule? As it turns out, we have heard off th.e record that the l 00 % Rule was created for Traits End only and the County has not required this . in the past. There is no legal basis for this 100°io Rule. We have a major problem at the Private Trails End Boat Ramp. We have tried to engage the County Sheriff, The County Fire Marshall, County Planning, County Attorney, and now the. County Commissioners. At each turn, the County'has told us what they can't do. The Sheriff can't help us to enforce our private property rights liecausc the ramp is private property; The Fire ; Marshal can not enforce afire/emergency lane because the ramp is private property; County Zonins made us remove a gate because it violated a zoning regulation although your Planning " . .Board wondered why we needed a Special Use Permit .to put up a gate on private property; the 5 s MAY-26-2000 14 56 FROM ORAL LOGIC~INC - MINOT~ND TO 4522675 P.02 i ,:~ - , County Attorney created a red a r' to thwart our efforts to legally implement constructive ~ . changes in our Trails End Community that more than satisfies all the criteria for a Special Use ~ . . Permit. Bill, if we could manage the Private Boat Ramp usage, we would but frankly the ramp is frcqucnted by many non. residents who drink heavily, carry weapons, and are unresponsive to our Private Property signs and direct contact. We need io put up a taste and. create an emergency lane. _ " :. We can only enforce the emergency lane if we can limit access to Trails End property owner and Iocal fisherman. We would very much appreciate your help in trying to accomplish this goal. Thank you for your assistance. Under separate cover, t am sending you a copy of our presentation on this subject. . Sincere -~~ ~~ James M. Lillis Ir Trails F.n~ Rnat Ramp AQQC1Clatlnn • Alton Lennon, Attorney • TOTAL P.02 Q- .R 0 \_J I ~. I ' i ~ ~ ' ~ " .~ ~ ~ 1 .. . ~ F ~ ~ .~ .. ~ ~.. I\. i~ o ZaJ.s • . ~~ '~ 2 p Z y p, KOyAL YIIVt S, ~ I ~ 1~ Sf ' 1 p~. 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( .: ~ 1 ~ 1 ~ /ai /4s • 2 ~ ~ I~ I ~~, „ \ \ ,\ ~\ , ~ •. / \;~\ ~ ..~ f - ,,111 ~~ ~ ~ ~~~ ~~ )ICI Ifs ' ~~ ~~:; ltf, .. , ~a '~ J; i~ sir ,~ /, ,: ~~i . ~ I r •f ~I ~.4:~: I'I I1 . ~, , ,I -- ~--•- - rl~l S p U --- ..~ l 1 J { I /T 5 r (~ { }~7c! ~• 11 t ~inl .v `/ , '•. / +,b' _~ 1. ~fySn4 rJ 1,~ N~li al~l.ill a } I ~ ~ ~'' ~ S~ ... ~ST,1T ~~~F NORTH C~li0LII1/1. A V II 0.J-1 ~• ~~I~ ~f '-rl~r •.1 U 5 ~~ 3 N -, r~ .. , - ~.i~.uurrls:; ' :eived rend Recordod July 21, 1926 at 12-S P.FA. Clork Superior Coiu•t. ~ ~~ Register of Deeds. iVER T,WALLACE ET AL STATF, OF.NORTIi CAROLII'JA) TO NEY! HAHOVER COUNTY ) S.S.- PlA[U{AHTY DEED. '.SHOLAII &'WIFE THIS INDEIITURG, M de this 16th day of July, A.D. 1926 by and betrreen :D - : Oliver T.4Yallace and }y1le, Mary B.PJallace and Wil.Liam Struthers Jr. and ' ~ - - - - - - - - - - wife, Mamie M.Struthere of Wilmington County oS New lfanover read State of . •th Carolina, of the first part, sad J.T.Sholar mtd Wife, Nurie K.Sholnr of Wilmington in the Cotutty of Necr Hanover . I State of llorth Carolina of the second part. - ` WITNESSETH, That the said parties of the, first part, for and in consideration of the sum Ten Dollars, and other vulu~rble considerations to them in hand paid by tha said YELrti99 of the eecard part; the ' :eipt whereof is hereby.acknorvlodged, have given, granted, bargained and sold, aliened and conveyed, Erred by these pry ~ • ~ ~ _ its does hereby give,grant, bargain nnrl sell., slier, convey and confirm uni.o the said parties of-the second part l to their ,'airs and assigns forever, all that certain lot of land, situated, lying and being in htasonboro Bluffs xiivision, o~stp of New Hanover and State of North Carolinn~ bounded and describer] as follows, to-wit: ' '. Being lots designtrted ae "26 "29" and "30" on n plat m:idEi by J.h..Rocton C.E. in April ?G, and of record in the Office of the Register of Deeds for New [lanover Cotm ty, North Carolina, in Dook 173, Prge Thesaid lot being a portion of Mnsonboro Dlul'fs Subdiviuion and formorly tho St.runck Property. . ~- An easement ie lroz•eby granted, intothro,~gh and over hLtsonboro Bluff Avenue us shown on -. - ~ id p,J+=+\being~thirty (35) feot in width, and running from~the Llasonboro Road to Masouboro So~~nd. Alsoun easement 'r I~ lance 'Avenue, said avenue being thirty-live (35) i'eet in width, and rururiiig froirt Purviance Creek to aerlen's Line, as shorm on said pLtt. ;ether with all and singular, the l::nds, tenements,e!tsements and appurtenances thereto belonging, or in nnytirise ~ei•~aining, None of tho'proporty herein conveyed shhll ever be owned or inrany msruter held by n person or persons or -poration or association'of persons of African birth or descent. TO HAVE AND TO HOLD the abovo granted and described premises, togethor with all and agulnr, the rights; privileges, easements, tenements sad appurtenances thereunto belonging, or in nnywiee appertain- - uEtLo the said partios of the second part Lie heirs and aeslgns, Lt fee simple, FOREVER. And the said parties of tha first part, for themselves and their heirs, executors and nlniatrntorEl do covenant to and with the avid parties of the second part their heirs rend assigns, that they are ized iir fee of the abovo granted and $escrlbed premises, and that they have good right to sell-and convey tho same fee simple; that the same are free and clear from arty and all encumbrances, and that the said Oliver T.4Yallace 3 Wi111amBtruthere Jr sluil l WARRANT rend DErEND the titl t th n t th i l • y . e o e s ore aga ns e awful claims and demands of y Find Etll persona whomsoever.- IN TESTIMO{{Y IYHEREOF, the said parties of the first part have hereunto set their bands 3 affixed their seals the'day and .year abovo written. Oliver T.r7allace SEAL ' ~ Mary B.Wallace SEAL . William Struthers Jr SEAL Mamie M.Struthers SEAL • ' ATE OF NORTH CAROLINA) ` iY HAf10VER COUIJTY ) ' I~'W.P..Fletcher a Notary Public in and for the State and Count, aforesaid, do hereby rtiiy that Oliver T.Wa3lEice & William Struthers Jr and Mary B.Wallace & Mamie M.Struthar~e, personally peared before me this day and acknowledged the due execution of the annexed Instrument, and the said Mary HB ]lace 4. ldamie 1A.Struthers wife8 of Oliver T.Plallnce & tyilJ.inm Struthers, Jr, being by me privately examined, parate and apart from their said.husband touching ]ter voluntary execution of the same, doth state that they signed- e same freely and voluntsrily~ without fear or compulsion of their slid husband, or any other person, and that ey doth still voluntarily assent thereto. ' Witness ~ hand and seal, this 21st day of July 1926 ' W.P.Fletcher Notary Publit~. ~ (Notarial Seal) My commission expires this 24th day of August 1927 ' ATE OF IIORTI{ CAROLINA ' .4Y HAI{OVER COU2ITY The foregoing Certificates of_W.P.Fletcher Notary Public of IJew lianover County is _ adjudged to be correct. Let the instrument with the Certificates be recorded. Phis the 21 day of July 1926. ' ' - W.i{.Harries sceived and Recorded July 21, 1926 at 17_- 0 P.IA. Clerk Superior Coru•t. i ~ ~-~J _ gIs erg' ol-Deeds. { t 1 . ~`- .. ~ .. s. ~~~, i~. li ; -, i . ~ G~~ ~~~~ s"~~`"~_ H~ `_ -~ - `~ . J~ ~~~ ~~~~~ I z~~b o:~a~~ ~, ~ ~,~a 23wi~!c,3 ~~ ,~ ~ ~, -~) G 1 '~. G~ m ~ G ~ • C Z `_ fv ~ ~ , ~. ~ , '`'1 + ~~ IS ~ _. . ~,a~ ~.. . b~~ a ~ a~CV~~~/. ~jN~~~?~~c~ ." ~~ n~\ o~ y~ ~ ~ a1 .,. ,~ z ~ i . ~~6 i .,. ~ ~ ,,~ `'~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 5.3 Estimated Time: .Page Number: Department: Planning Presenter: Dexter Hayes ~ Contact: Sam Burgess SUBJECT: Z-701, Rezoning: Request to~rezone 6.12 acres from R-15~Residential to CD _ (O&I), Conditional Use Office and Institution (Z-701, 04/00) BRIEF SUMMARY: Several Greenbriar residents abutting the applicant's property expressed concern about buffering, landscaping, and directional lighting. After asssurances from the applicant that adequate screening would be provided, the Planning Board voted 4-0 recommending approval. RECOMMENDED MOTION AND REQUESTED ACTIONS• .The Planning Board recommended approval by voting 4-0. The Planning Department recommends approval provided that every effort be made to minimize impacts (noise, light, drainage) to adjoining residential property. FUNDING SOURCE: none ATTACHMENTS: 13 ITEM DOEfS NOT REQUIRE REVIEW ~ C COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: 4 CASE: ; Z-701, 04/00; Applicant: Jon Vincent for Gulfstream Properties REQUEST: CD (O&I) Office & Institution from R-15 Residential ACREAGE: Approximately 6.12 Acres 42 LOCATION: 5300 Block South College Road LAND CLASS: Resource Protection -This land class provides for the preservation and protection of important, historic, scenic, wildlife, and recreational resources. This land class designation has been created in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains' numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. Planning Board Recommendation (May 4 Meeting) . Several.Greenbriar residents abutting the applicant's property expressed concern about buffering, landscaping, and directional lighting. After assurances from the applicant that adequate screening would be provided, the Planning Board voted 4-Q recomrneriding approval. Staff Summary This conditional use rezoning request and its environs has an active history. In April, 1998, the Board of County Commissioners approved a~conditional use permit to O&I Office and Institution for a bank. The tract is 2.09 acres and is adjacent and south of Myrtle Grove Library; east side of South College Road. Construction of the bank facility is nearly complete. In October, 1999, the Board of Commissioners approved a rezoning request from R-15 Residential to B-2 Highway Business located adjacent and south of the bank extending into an existing commercial district south to Monkey Junction. As a part of the same petition, the applicant withdrew an O&I request that wrapped around the B-2 petition approved by the Commissioners (see site map). This O&I portion was withdrawn before Planning Board consideration due to nearby residential concerns pertaining to drainage, lighting, adequate buffering, and other associated ills. The present request by the applicant is to rezone a 6.12 acre portion of the property that was withdrawn in October to CD (O&I). As noted on the site map, a large commercial node south of the proposal, and surrounding the Monkey Junction area, has evolved over the past 15 years. A variety of services such as retail establishments, professional offices, and restaurants exist around the South College-Carolina Beach Road intersection south of the applicant's property. These services are primarily used by nearby neighborhoods, and a host of other residents from the southern part of the County. These services are also utilized by tourists and others traveling south to Pleasure Island. A conditional use (B-2) rezoning encompassing over 56 acres of real estate with,a Lowe's Warehouse facility as the major tenant is proposed across, the street from of the applicant's site on the west side of South College Road. v `1 Z-701 (cont'd) 2, • Recently, developers and staff have wrestled with how far north and east commercial and professional office development should extend. Since the late 1980's when the first commercial property was created on the east side of South College Road at Monkey Junction, there have been numerous attempts to extend the existing commercial and professional office districts north and east. Many of these attempts have been successfiil resulting in some into residential neighborhoods, most notably the Greenbriar development. The petitioner's request to conditionally rezone property to CD (O&I) appears reasonable considering the rapid change inland use from residential to commercial. Based on the applicant's narrative and site plan proposal, it appears that every effort is being made to minimize impacts to adjoining residential property. Proposed elements incorporated into the site design include adequate setbacks with natural buffering, low directional lighting, and small clustered office facilities to compliment adjacent residential neighborhoods. Given the rapid land use changes that have taken place in the Monkey Junction area along with the proposed conditional use rezoning request on the west side of South College Road, staff recommends approval provided that every effort be made to minimize impacts (noise, light, drainage) to adjoining residential property. ~ 43 SPECIAL USE PERMIT PHASE of CONDITIONAL USE REZONING Z-701, 04/00; Applicant: Jon Vincent for. Gulfstream Properties REQUEST: .CD(0&I) Office and Institution from R-15 Residential TYPE USE: Professional Offices LOCATION: 5300 Block South College Road 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.County sewer and City water will serve the proposed professional office complex. B.The office complex will have direct access from South .College Road (ITC Highway 132). Secondary. access will exist through Junction Creek Drive (Private). C.The office comple:c will be served by •Myrtle Grove VFD. D.According to the County's Zoning District N1ap, this site is not within the 100 year.flood zone. , E. A proposed pond (.75 acre) located on site will capture storm water from poor draining soils (Leon & Seagate). 2. The Board must find that the use meets all required conditions and. specifications of the Zoning Ordinance. A. No County conservation or historical resources are located on site. B. Setbacks and buffer yards meet the intent of the Zoning Ordinance. Wooded areas along the site's property boundary will remain natural. C.Approximately 163 parking spaces are proposed on site; 75 spaces are required (Based on General or Professional Offices @1 space per 400 sq. ft.) D. Proposed uses include: Doctor, Aceourltant, Architect, Attorney, and Engineering professional type offices. 3. The Board must find that the use will not substantially injure the value of adjoining property or that the use is a public necessity. A. Similar professional type office complexes are located near residential neighborhoods throughout New Hanover County. y. 44 ~ Z-701, 04/00 (cont'd} 2, B. Approximately 23 professional office strictures totalling 29,800 square feet are proposed. C. Each professional office structure will average approximately 1,295 square feet and will be constructed in a series of 5 phases. Each construction .phase will take 6 months to 1 year to complete. D. No direct evidence has been presented that this professional office complex will decrease property. values. E: Based on the growing need of services in and around the Monkey Junction area, the -proposed.. .. . professional office complex will fulfill a residential need. 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 Ne~v Hanover County. A. The New Hanover County Land Classification Plan identifies this area as Resource Protection. This land class provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Compatiable commercial and industrial development may be located within this class as long as important resources are not advet•sly impacted. B. As stated, the proposed facility will leave the natural wooded buffer running north along the property boundary along with newly planted .vegetation. y C. The land use patterns in and around the Monkey Junction area are becoming commercialized due to the growing need of services from nearby residents and a host of other residents from the southern portion of the County. Staff Concerns/Comments - Every effort should be made to mitigate potential drainage impacts to adjoining. residential property. - To facilitate access to adjoining property, the development and construction of a road stub should be created. • 45 n ./ 46 • rQ '~-' 3° ~~ d~ ~f` s • ~- s o ~ i 4 r 1 F J {This page intentionally left blank} °l JUN-27-00 TUE 0302 PM ,• .-, . U1r.X'f'LKlei-U1YE5 f'l~g Dires;tar Jttzte 12, 2000 NHC PLANNING DEPARTMENT FAX N0. 9103414556 NEB I~~T~I~ O-~NTY PLANNING 17FF'Alt' 1'M I ~.IV'l' ~11~1 C~s~trru~rsTRFFr, st,rrt ::tt~ 1~7II,MII'dGTON, NORTH cAlznr.lNA zli~Wl-4027 TELEPHpN~ (910} 341-716> H11X (910J 347-~tSSrS Mr. 3oa Viticcnt, Managing l'arlncr Gitlfstrenm Pmpcrtics 5315 S. College Tinad Wilmington, Ni' 2A4t:? Re: ~-7t7I (R-IS to cry t7~Yr.l) Dear Mr. Vincent; The New H.srtoVer County Board sif t:.nmmic~,nncrs in regular srssiun on Monday, JunC 5, 2000 uu;inimously voted to approve yoeu petition to mr.,,rar b.12 acres Itx;atrcl un the east side ui' Suullt ColIeie Read, north of Monkey Junction fmm It-i 5 It.csids;ntial t,'r CD C:ondiuanal Use c~~a orr~ aua lnstitulipn. • 'I'bis aisiuuval by the Board comes with several conditions. 1'`lrgt, an imir:,ct fca saf $ $28.57 per I,UOU rrln~rr. ~{ of gauss bsulslin}; space will bC ~sessed to off 3e't read cnnRtrrrrtinx,. costs for the propnscd Mnnkcy Jtruct;au C3vrrpass. This fen will be paid prior to the isguancc of ocetlpanay permits. This fcr, will -.~ rstiuydecl if QiG City and County do not e~~ter into an interlocal agreement on the cnn.,tnirt„7n, of the Bypass wiLfutt five {$) ye,~. Sees)nd., as ct3C11 phase of tbv prr~perty is clcttrcd, additignat ,regs-.tatism (dt~uble raw Leyland Cypress) ~tld 7 foot fens:e will be itnrnediately Constructed to miltgate btaildiug visu'csl cunce.~ms from .Idjoining ltutsluwners. Third, low landscape Lighting will 1x: Tcxlttitrd to ul'1's,:l li);ht pnliutipn to sdjoinirig Nru}x:rly. Att;~cltrsl for your records is a signed copy ofthe mar alnn~r with tli<, iex~Jtur1K and special nir. orders. Plr•~sr nuts: that all Local, Slats3 and 1Fedsrnl rcquircrncnte may l:,r.. applu:aUlr ua y„~ rm3act Yricu to },uycr~slitt); with the project, you must oUtairt till flppmprsatP Prnnits iiant tltse l:nunty li,-ildino lnspectxuits Uepertmeilt. s t :pntsiC.t 111t`. if yuu have questions. l Cart be reached Qt 3~ I -7 I Piz. Most sincerely, cc: Cterk to the 13na>,rl Zoning Enforcement ('map cncl} Tax Administrator S. 4. Burgess Stxly'Plarmer P. 01 ~J JUN-27-00 TUE 03,04 PP1 NHC PLANNING DEPARTMENT FAX N0, 9103414556 ~ P, 05 - A1V' t 1#;11iNANC~; OF TF~ t~VUI~TTY Ctl~ ^~:i~:W I3ANQV~Fi • ,~11Y71~,i~(11dN(; TILL ~UMNG 1VZAP (?F T,1")'iw IIV(; ARF,.A. NOS ~{ t )t~' NIE;W HAhiOVEI2 COUN~'~ NOrCi'11 t'Aht).LI~IA AD41!'TED A~' x;197! (Z THE BC)A1(I) t~l' C'.UMMISSI0NER5 of NEW HANC)v I {i+` (_'.UtJN'I'Y UC)T~ ' ORDAIN: - isccticin i . 't'h,~:Loni,t~ Ma,~ of 7_,oning elxea IQa.fs is hcrchy <-u~,nu~icd by removing ta~.e hereinafter dagcrihed TMflct #ibn, [he R-1 S 3~eSidential Zoning l ]istri,'r C'.Ittssitiuatiunand placing it in the Canditic>nal 1 ire (.?$c.! Ui(Icr and institution Zoning I7istrirt (:(:~ssificatiuu, said Iand bBirzg (iescril7ed ns follaw~: Bc inniilr; `?t]b f trnm ttir,. ,a~thwcstern terseciian f Park nn (i, Ir.S r1` ~ ,ur;;, hich is (he north vc ,tern right bfway nt"(,~ ~s A~vr„u.r, s acting from~,aad pain~2 I il. )'t t .rt saut ~ 5 . cl~.~;r~:es 30' Q" ease tivhich 's alnn¢ 1~hr c,1rtlYVVeste right of'~v3 ofGilealAvrnu .- thccice r r, , 4,~0 feet 5Ull[13 73 egrees 5I' 0 ' west; rhrn c; 3SU t<rrt ort17 62 de~ees dl' C)t~"west; tl cnce, 2, 3 frrt tzurflt 77 fees 51' 00" cast; tl,crrc~e!, :12.50 frrl~ciorth $4 de tee;, 3U' C)" cast joint bcgi,zttui}l. Srctio,t 2. 'I'I:c County Cleric is hereby authclnTr.Ci zwa tli,•gt;ivd under the supe3^visian of the C:ounty ('c,mnxissiuuets (u chan~,e the Toning Map'PJn..6t n #ile. i,t tl,e ulYice Of the County, Commissionary, sn Rs to litalre it cUn~ply'~'ith t}zis ordinance. .:+., SeCtian i. Arty 4x'~ina„c:r ur tiny part of any aTdiiuLncc in cr~ntlz,:.t ~vitl, I,tiis ar(linaxlCC, is . th extent of such confl:et, ix hrccL' ~ ,rl,ra~rd. . Section 4. This ordinanc:r. is a,lc,ptetl in the interESt of public health, :sat~ty, ,,,ucals, and _ grnt.~rai welfare (~ftlze irtltttbit<~nt5 oftluc f_'•uut14y uPlvew Ilanover, I`lorth (:t3t~~lm,,, ,nd sltv]i br izt full i4.ree :uzd effect Front and ttftcr ,t~ ns inptioi~. g J'..._e - ~.do~,tzd tlxis 1~ih day of Il~lh. ~QUC). . William fl. t".aster, f:huirman atrrsr~ Clerk tt~ t1ic: I lord - JUN-27-00 TUE 03 03 PM NHC PLANNING DEPARTMENT FAX N0. 9103414556 P. 02 • STATE OF NO~t'1'H CAROLINA GOIINTY l7F NEF1 HANDVER ORD>rR GRAN'PIN[~ A SPEC?AL IISE pRRMIT A CONUTTIO1dYnT• IIS8 $ONINC; DISTRICT PRCP$SSIO~NAZ, OFPIC?~$ (aTU23CTTQN t•=RE~ft BAREC) a 70Z ThP Crnmty Cuuuuissionez'S for NCw Hs.novPr Cn»nty hecvit~y held. a pul.,Ziu hearing on JunC 5, ~UIIU hr, rnnsirlei application n,im$Cr 701 submitted by Gu I f ~treaiic Ptu~ertieS,d ?'CgttC.it for a ;;t,~t:ial [Tea Permit to use the property adjacent and rtnt,th ut G~,et~briar development, cast aide of in„+h C..o11Nge R~ad,and having heard all the cvidenre anti r,rqumrnts l,cesented at the hearing, makPq hhF fni 1 4willi~ FINDINGS ©F FACT grid draw., the tol ! crwi ng Ci?NCLUSIONS: 1. '1'hc i;ounty C:ammi ssit:,l'i~i~ FIND as a FACT that all of the 3peciti.: rACi„i,-rn,~,'at~ ~eL Forth in Section 72-~7 of the C;ni,nty 7.r,ning Oi~3ilidttie iW 11 b2 s3tisf7,Cd it the prrpFrty is cle~el~W~c~ in accordariCe with the plans RnL,mi tte~:l lt, Llik County C;ommissionPrg_ 2. It i:, the (:OUnty C:,nmmi Ssi pnHta' CONCLUSION that the proposed use ~.~ satisfy Lfie .CArst gene~'al roquixCmerit listPCi i n +:hp tlydin~tiite; tldmely that tho u;,c will not matp,-i al 1 y eric[auyer ttie public hbalth pr safety i f 1 t,~.atecl wlseie yx•aposed and developed acagrding to thy: F,la„ ,~~ .~uLuuiLted and approved. In Guppart of this ~nnrlotsiuu, Llie CoiamisM.ionor~ make the tolinwint3 FINDINGS 4F FACT: 11. County Sewer Anti City water will serve the propo:,Cd p1`i7'Fr-:SSI t?,•i:~I c+Ltiue c:ample.:. B. The office complete will htfva ~1irrr_t a,_~~ss from South college Road (Nl' Hit7hw~.y 132) . Secondary 3ccc:;a will • F:xi st tLirUUClli Junction Creek UrivC. C. The offiCC Complex. will 1-,a se~v~ci f,y the My7rtle Grove VoluntPPr ['i ,-t~ Drt,Q.i ~[u~ll t . D. According to the (:aunty T~ninc7 ni.5tii~•L Md[:, the site iU not within 1-hF 1 f1~ y~+~t tl~,vc{ zone. E • A praposed pond (.75 acre) lac;ai:t~cl „n site wil], c:dpture Storm wafer from pc,~r draini~,y sails (Leon ~ 5cagaCC~ • 3. It is Ll,e County Commissioners' [:UNCL[ISTCIN that the pi~l~USed use dOP_s Satisfy the second gpnrral tec3uii•etnent liSCed ~.I3 the ordinance: name I y that tl'iw use uw~ts all required Conditions snr! s~aec•ifi~ativns. In support of this canclugi~n, thF Coec~ci~~aon~,rs maYg Cho following FTNnTP~r~; QF FACT_ fi. No Cn»n1-y r..nnsetvatauil or' histoYical rC~aurces era lu~c~~a on site. 8. Sotback3 and t"n,ffrr y~i~[~ u,es~t the intCnt pf the mooning Ort9inanr:r. W,_,vciec~ areas along the site's pir,F,~,-ty l:,r_,uiiciary will remain natural. • i D JUN-27-00 TUE 03 03 PM NHC PLANNING DEPARTMENT FAX N0, 9103414556 P, 03 C. Approximately 7 6:1 tarkiny SL+a~:es are proposed on sift; '15 R~lnr.PS are ~eyu.Lr43d ( Based on GCneral i,r Ptutessional Offices @ 1 space par 40psq.tL_) U. l+ropngpr] uses iuulude: Doctor,Ilccpuntatit,Arc:hi h.art-r A1.I,Uruc~y, and EriginCCring proi'Pggir,nal tyZ~e c.+tfices. ~_ Tt is the CuunLy CommisEionoru' I:UN(:LU:;lUN that. t'he ptvYosWd use does satisfy the third gnn~ral re~7uitet,~eut listed in the Ordinance: namely thni: the use will not substantially in~urP the vr,lx7e of acljc,i„itty or abutting property, or that the use is e ~,uL+li.c: necessity. In support of this rnnr.lusio,l, Ll,e Commi8S10nCrs makC the tollcwing FTNnItaG4 OF FACT: A. Si,u.ildc• professional typo office complPxatia1P 1~acdLecl near resi.dcntial neighh,n,-l,r,r,cls thtuuyl,~ul. New Hanover County. B . ppprO~itnatC~,y 23 protPS g i hna 1 r,f, fire ~ LL uc; Lures totalling :~ ~, f3 nn ~rln:, r ~ tee L are proposed . G. Each professiondl••offeic structure will ,~vara,jN approximatoly 1,25 square feat anel will k~e constructed in a aeries of 5 F,l,a srs . Ear •tt uu,~s Lruction phas0 wi 11 tnka f mr_,rlUi, GO 1 year to complete. L. No dirCCt evidenr.r~ has i:,.:Fri L~LeS~uLed that this prc,f~?ssir,n~rl t~tti,_e c:U,,,plex wil decrca:,c property vdt.l ties . E. FiasCd OT1 the clrc,wi..n~ nea_,_l r:,t .set•vicc3s and arOiind the Monkey ,Tun,:t i ~,,, aiwa, the proposed prOPCSSional Office c~am~,lex will Culfil a x'eEidontial need. 5. It is the l;OUnty C:ommi 5.sinneL'S' CONCT~USIGN that the propo:,cd • u3e -gAti ~fy the te,utLl, •yen~aral requ.LYCmont listed in the (1rrlinanCe; „z,«ely 'C'hat the lOCatian grid charart:er ,~f the u5M iL d~avelpped aeeorditig to the 'p [ AY. A 5 sul~m~i L Lec3 d„c~ approved will bo in harmony with t.ha area in wl,ic~h it is to be located and zn gPne':rnl r.,~nfr,rntiLy wiL.l, the plan Ot dovclopmCnt for Nt~w lfnnnvF~- Cuu,iE.y. In support ot• this Conclusion, h.hP ('c,mm~.ssio„et.y make. the following k'1NU1N(;;; C)P i'A(:T: A. Tl,e New Hanov@X' County Land Cla33iticr,tinn Flan ~.dentifics this area es Rpsrn„-r..F ptuLeuLic;n. This land class prc,vi des far Ll,e perserv~.tiOn 3rid protection of im~~vt Ld„L natural, ; hietorio, ;,Ceriic, wi [ c~ I ; f~:, and receatiOnal rCGOUrce3. Ccampei•.i al-,1 F c„nuuetuial and induGtrial dev~ 1 i,l,m~:nt may L,e lc.+c;d Lid within this cla;,;, a~ lnnrf as it„t,uLi.t,dL resources arc npt adVer3ly i,uYdcLed. 13• A3 3tat@r~l, tha ~,r,~lt,u~,~tl t~ca.lity will leave the natural wnrn-1ad lautter rutininq north along the propPrt•.y hnnnd,~r~r alunq with newly planted vegPt•.at.i~n. 4. The [ ~nr] ,,sr ~,e.LLertis in and around the Monkey Junrti nn area ate becoming COmmeci.alized due tr, tha ,~r~,wi„,j „eed JUN-27-00 TUE 03;04 PM NHC PLANNING DEPARTMENT FAX N0, 9103414556 P, 04 of servir.P4 trnm nearly LesicienLs and a hoBt of other 1:,_5ideuLs trvm the southern portxori Ot the Cauni-y_ 6. TherPtr~re~ he,,aus~ L}~e C~.~unty Commi.ssionors GoriClude ti,at <,1.1 u£ Llie yeueral and Specific conditions prered~nt t,n th+~ issuance of & SPECIY-1. VBE PERMIT vr. 1,t. Fn satisti~c}, IT IS QIiDEitED that the np~,l i i.a F . +.,,i £oi Lt~e issuance of a SYLrCIAi, USE PERMIT SE [RANTED SuLjec;t, to the following conditions: 71. '1'hot the app.t i C:nni- shall Tully comply with all Of the 4~P.r.i ~1C re+~uitaments stated in the ordlnanas fc~r thF Yr,~E+osed use, 2£ well a3 any additi+nn~1 ,.c+IYr.}.iLioiis hereinafter $tr3tP.c1_ g- iF any of the conditions impogecf by f-1,is s1,Nc:i¢~, use permit 3ha11 bP he? 1 c3 i nvali+l }_+~y~+tta the authority oT this tic~arr3 i,f C`.euiu+eissipn~rs by ? court of competent ] uiist3.~c:l.ion, then this permit shal 1 hP.C.c,ma ,r,~i.c} etiir.3 ~~L no effect. C. Qfh~,-: 1. nll othcx' applicably. fPCir,-al, sL,~Ue and local laws. D_ Conditions On projCCt: ~~ J 1. An im~~ar..t fre ,~£ $828.57 per 1,000 aC}uare feet of ,Jra:i~ led3aka],e building space will be asses:sc~il ~v off set Construction COSt9 t'nr [-hr }-,r, ~1++_+set! Monkey JunCtlon Overpnss_ '~'h1s £ee will be paid prior t~, thr iS~uali~e v£ occupancy permit:,. '1'riz.s fre will }~~ refunded if the c:~,ty and County Cii, n, ;t enter into a intcrlOcal agrr*.pmPnt nn L}ie aori:,truction e,f thr Ay}:,.~~~ within 5 years. 2 X~5 edc}i phase of the prppcrty is ctrnrarl, adltiorial vcQCtcZtlan { Cl,7tihlr rr,w ~;,[ LCyland (:ypres5) en+_l a 7'£er~ce will be immediately +:nnstzucLeel Lc+ .rRitigata building v10ua1 conasrn~ £LU[Il adjoining landowrtcra. .3. Low It~n+~si..~}-,r ,liy~~L.it1q will be required to Ott. set liyliE. ~+Ullution, to adj^inirig property_ (3i~ler~ti this 5th day of ,1unC,2UUU. [fittest C.ierk tr, t a B+~ati3. ' willia,u A.Caster, 4hairmsn ~~ \J .~; ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~; REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 5.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Z-704, Rezoning: Request to rezone 3.4 acres from R-15 Residential to 0~1 Office and Institutional (Z-704, 05/00) BRIEF SUMMARY: The petitioner presented the request. Two neighbors spoke in opposition to the request. One neighbor was concerned about development near a community well site, and the other neighbor described in length the potential drainage problems associated with development on this .property. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board voted 4-2 to approve the rezoning to the depth of the Special Highway Overlay District as recommeded by Staff. The Planning Department recommends that only the portion of the .property within the SHOD be rezoned 0&I with the balance to remain R-15 residential . FUNDING SOURCE: none ATTACHMENTS: 4 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS; • 49 4 CASE: Z-704, OS/00; APPLICANT: Bernard Morris REQUEST: R-15 Residential to O&I Office and Institutional ACREAGE: Approximately 3.4 Acres LOCATION: Beriveen Alexander Road and Greenview Drive behind 7643 Market St. 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 in land utilization and public service delivery. Residential development can exceed 2.5 units per acre. within the Urban Transition area provided the development inadequately designed to be compatible with existing and proposed surrounding land .uses and is served by: adequate infrastructure. ' PLANNING BOARD RECOMMENDATION 5/4/00 The petitioner presented the request. Two neighbors spoke in opposition to the request. One neighbor was concerned about development near a community well site, and the othet• neighbor described in length the potential drainage problems associated with development on this. property. The Planning Board voted 4-2 to approve the rezoning to the depth of the Special Highway Overlay District as recommended by Staff. STAFF SUMMARY: The petitioner is requesting an expansion to an existing O&I Office and institutional district. The expansion would add approximately ;.4 acres to the existing district. With the exception of the O&I zone to the east, the subject property is entirely surrounded by R-15 Residential. There are some conditional use commercial districts to the north and to the south as well as a large B-2 Highway business district across Market Street. Access to the subject property will be provided from Market Street. Although the office and institutional zone is intended to be a transition into neighborhoods, tl~e proposed O&I district extends too far into an established residential area. Staff believes tl~e encroachment should be limited and recommends that only the portion of the property within the SHOD be rezoned O&I tivith the balance of the property to remain R-15 residential. The property is already eligible for hibh densityresidential. 50 D ~~' ~~ ~ Case: Z-704, OS/00 Petition Summary Data Owner/Petitioner: Bernard Morris Existing Land Use: Residential Zoning History: July 6, 1971 (Areas) Water Type' Well Sewer Type: Septic Recreation Area: Ogden Access & Traffic Volume: 41,100 ' Fire District: Ogden VFD Watershed & Water Quality Classification: Pages Creek (SA) Aquifer Recharge Area: Primary Conservation!Historic/Archaeologic Resources: None (Pocosin but no class IV soil) Soils: Leon Building Suitability Class III Severe Liniitations ~ , Schools: Blair `" i ~, 1. The County has established a Special Highway Overlay District (SHOD) on the west side of Market Street in the vicinity of the subject property. This area, presently in transition, is being developed with O & I, as well as. CU- B2 both within the SHOD and outside the SHOD. The use for this property conforms to existing conditions in the area. 2, This property is designated as a SHOD and existing uses in the area are consistent with the requested rezoning. 3. The subject tract is partially within a SHOD with existing zonings of both~0 & I and R-15. The existing zoning of R-15 is being there are trucking operations now being conducdted from the nro~e ing manner in that vicinity of the property there is a church, rental housing on the d'oriniriQ the immediate north, manufactured housing (rental and for-sale) located to the west andp orth of thehe site, duplex rental housing to the north of the site as well as other 0 & I zoned land to the north of the site. ~' 52 ~- ~ - ~~i . NEW HANOVER COUNTY BOARD OF COMMISSIONERS `~ REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 5.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess • • SUBJECT: S-329 Special. Use Permit (Continued from May 8, 2000) (Revised) UNC-W (S-329, 03/9T and 04/00) BRIEF SUMMARY: Type of use :Marine Research & Educational Facility. This item was tabled by the Board so adjoining residents and petitioner could meet to discuss ways to mitigate the noise levels emitted by the heating and cooling units atop research facility. RECOMMENDED MOTION AND REQUESTED ACTIONS• In-a vote 4-0, 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 '.Noise Regulations. Several residents wvho live nearby voiced concern about the noise coming from the heating % cooling system anal suggested that the revised application not be approved until the issue has been resolved until the issue has been resolved. ATTACHMENTS: ~ ~ w v \ 16 ~ ~ `~- ITEM DOES NOT REQUIRE REVIEW '~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ °~~ COMMISSIONERS' ACTIONS/COMMENTS: `. FUNDING SOURCE: none SPECIAL USE PERMIT . - . , 5-329, .03/91, 04/00 (Revised); Applicant: ITniv. North Carolina at Wilmington Type Use: Marine Research & Educational Facility Location: 5000 Block Masonboro Loop Road, East Side County Commissioner Recommendation (May 8, 2000 Meeting) Tliis item was "tabled" by the Board~so adjoining residents and petitioner could meet to discuss ways to mitigate the noise levels emi#te'd by the heating and cooling units atop the research facility. Planning Board Recommendation (April 6, 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,Noise 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 18,125 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. Constriction 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. 54 5-329 (04/00) i Total Sq. Ft. Structures Parking Buffering/Setbacks Original Permit 18,125 General Area Specified O&I Setbacks Applied Preliminary. Staff Findings (Updated March, 2000) 2. Revised Permit 82,880 121 Spaces Displayed Site Plan 50' Natural Buffer Along Prop. Lines 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. 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 o.f the Zoning Ordinance. 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. 5 5 5-329 (04/00) 3, 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. 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 New 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 natural, historic, scenic, wildlife, and recreational resources. Compatible commercial and industrial .development may be located tivithin 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 sighage will be limited to one ground sign not to exceed six feet in height and 32 square feet in. area. 5.6. • • • Petition Summa Data 5-329, 03/91., 04/00 (Revised) . .Marine Research & Education Facility Owner/Petitioner: University of North Carolina at Wilmington Esistina Land Use: Marine Research Facility Zoning History: Area originally zoned in December, 1969 .Water Tyke: City of Wilmington Sewer Tyne: New Hanover County Recreation Area: Arrotivhead Park Access and Traffic Volume: 8,500 ADT ('97 count) So. End of Masonboro Loop Rd. Fire District: Myrtle Grove VFD Watershed and Water Oualih•: Masonboro Sound (SA) ' Aquifer. Recharge Area: Lays on perin`ieter of primary recharge area Conservation/Historic/Archaeologic Resources: None Soils: Torhtinta (Class III) predominate soil Building Suitabilih•: Marginal ' Schools: Myrtle Grove Middle 57 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 S-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 FACT 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 that the proposed use does satisfy the•first general requirement listed in the Ordinance; namely that th•e use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted a.nd approved.; In support of thi s conclusion., the Commissioners make .the follo~•~ing FINDINGS OF FACT: A. Mir_imal.ste clearing is proposed and the proportion of paving for drives and of ne~•~ buildings to the overall tract acreage is very low. B. Water and sewer services are likely to be provided f rom 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 site is located within the t~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 meets all required conditions and specifications: In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed Marine Research and Education Facility twill be operated by the University of North Carolina at S,~ilington's Center for Marine _ Science Research. .~ Q Colleges, Universities and related uses are permitted V by Special Use Permit in the R-15 Residential District. • B. Approximately 18,125 cumulative square f eet 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. r~). The number of spaces is not specified: No parking areas are shown around buildings C, D, and E. More detailed 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 ei.ther• 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 ~+Iasonboro Loop Road. . 5. It is the County Commissioners' CONCLUSION that the proposed use does satisr"y the f oorth general requirement listed in the Ordinance; namely that the location ana character of the .use if developed according to the plan ~s 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. 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 ~oould remain undisturbed.. 6. Therefore, because the County Com~-~issioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have .been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: A. That the applicant shall fully comply ~•~ith all of ~t~ specific requirements stated._in the ordinance for the i i " ...:I `1 _:~ F' i 60 proposed use, as well as any ,additional conditions - hereinafter stated. B. Sf, any of the conditions imposed by this special use . permit shall 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, State and local 1aws~- applicable. 2. On-site signage be limited to one ground sign not to exceed six-feet in height-and 32 square feet in area. • 3. .Setbacks mandated f•or O-I "uses as specified in Section 69-11 be~ applied. Ordered this 1st day of April., 1991. • L ' ~ Fr d Retchin, C airman Attest: ~~ lerk tb the Board `) 1~ i • THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON SOUNID ATTENUATION EFFORTS AT CENTER FOR MARINE SCIENCE AT MYRTLE GROVE .Several months ago UNCW began responding to concerns regarding HVAC noise . levels at the new UNCW Center for Marine Science, and committed to developing a plan to reduce those levels. In a letter of January 28, 2000, UNCW informed neighbors of the Center that problems had been confil-med in the #2 cooling tower. After initial start-tip, it was determined that the fan was not operating within specifications. Modifications were made in consultation with the manufacturer consisting of fan blade and shroud replacement in addition to analysis and adjustment of-other moving parts to ensure operation at a minimum noise level so as to be in compliance with the County Noise - Ordinance. In a Tetter of Febniary 18, 2000, UNCW informed neighbors of the . impending"visit of a professional acoustical engineering consultant to aid in exploring options for reducing noise levels even further. Again, at the New Hariover County Planning Board meeting on April 16, 2000, UNCW committed to doing everything necessary to reduce what was by that time ari already much lower noise level. This is to provide you with an update on actions we Have taken and an implementation plan, which will further reduce noise levels which was also communicated to the neighbors in writing on May.3, 2000. After an intensive investigation of the situation by acoustical engineers, UNCW contracted with Commonwealth Kinetics of Richmond, Virginia, a nationally recognized vibration and noise control specialist, to design and install anoise-suppression system, which will result in a significant additional reduction in the noise level. Design,. manufacture and installation of the baffling system will require up to 90 days.. Design work began the last week of April; fabrication of the various components will commence about the first of June; and installation will occur from the end of June to the end of July. By August 1, we should have a frilly operational system which the designer guarantees to provide a significant reduction in noise levels through all octave ranges. We appreciate your-understanding during the time it has taken to formulate an acceptable solution o a very complicated technical issue. The university is committed to working to bring satisfactory closure to this matter. • ---------- -_ ---~-- .==-- -.- 61 601 SOUTH COLLEGE ROAD • WILMINGTON, NORTH CAROLINA 28403-3297 ~~~ ._.__. THE UNIVERSITY OF NORTH CAROLINA AT WILMWGTON MEMORANDUM TO: Mr. Charlie. Sanders FROM: David. C. Girardot DATE: -May 8, 2000 SUBJECT:. .Proposed Purchase of.Noise Abatement Materials As you,may be aware, the HVAC equipment at the New Center for Marine Science is generating an unacceptable level ~of iloise.~ The situation has become' critical in that if the.noise level is not lowered gtiickly,'UNCW may be'in danger of being~dened use of the building .because of non-compliance.with county noise ordinances. In an effort to solve the problem; we contracted with Commonwealth Kinetics, a recognized expert in the .field of acoustic issues, to investigate the sitilatiori'and recolnrrlend a solution.. They have completed a thorough study. of the situation and proposed a system of baffles for the cooling towers. The estimated price for this system is $75,000. Based on the work involved, we feel this is a reasonable price. Additionally, the company will guarantee a specific reduction in the noise ~leveT with the installation of their system. I•would stronglyrecommend authorization to award this contract based on the criticality. of abating this problem as quickly as possible: Commonwealth Kinetics is _ thoroughly familiar with the problems, have arrived at ali acceptable solution at~a ..reasonable price, and can proceed wifhout further delay. .. /isp ~ ' 62 - • BUSINESS AFFAIRS ASSISTANT VICE CHANCELLOR -FACILITIES 601 SO[II•H COLLEGE ROAD • WILMQVGTON, NORTH CAROLINA 28403-3297.910-962-3151 • FAX 910-9'62-3550 ~~ ,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #:. 5.6 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Comprehensive Plan Amendment: Land Use Policy LUP# 9, 05/00) BRIEF SUMMARY: Staff requests that policy 4.10 of the county/City CAMA Land-Use Plan be amended in order to clarify that the Mason Inlet Relocation Project is consistent with the Land-Use Plan. The attached April 20 memo outlines the reasons for the amendment. Both the county Planning Board and the City Planning commission unanimously approved the amendment, with one minor change. RECOMMENDED MOTION AND REQUESTED ACTIONS• No one from the public spoke on this item. The Planning Board had several questions pertaining to the permitting process which were addressed by Dave Weaver, Assistant County Manger. The vote by the board was unanimous. The matter will be heard by the Wilmington City Council June 6th. Please note that, due to a misunderstanding of State public notice requirements, this item will also have to be heard at the Board of Commissioners July 10 meeting before the Commissioners can make a decision. FUNDING SOURCE: none ATTACHMENTS: 6 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: /~ ~O y 63 °. ~• LAND USE POLICY AMENDMENT: Policy 4:10 LUP # 9, OS/00- Request by staff to amend the Wilmington-Netiv Hanover County CAMA Land Use Plan by modifying policy 4:10 to allow dreging activities associated with the relocation of Mason Irrlet. Planning Board Recommendation (May 4, 2000 Meeting) No one from the public spoke on this exception being added to the Dredging Policy The Planning Board had several questions pertaining to the permitting process which were addressed by Dave Weaver, Assistant County Manager. The vote by the Board was unanimous. The matter will be heard by the Wilmington City Council Jurie 6th. The wording recommended by the Planning Board and City Planning Commission is as follows: Policy 4:10 (additional language in bold) Not allowing new dredging activities in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or Shellfishing Waters {SA), except for the purpose of scientific research, designed for the purpose of protecting and enhancing water quality, and where supported by sound scientific 'and technical knowledge. Limited exceptions maybe allowed for the urban - waterfront and Wilmington's ports; consistent with the goals and objectives of the Cape Fear River Corridor Plan (`97) and the Downtown 2020 Plan (`98 and for the New Hanover County Mason Inlet Relocation Project as permitted by the Army o-C' rps of-Engineers. 64 i ~-- ... r^J - ..._ 1 - 3.8 Allow channel maintenance projects only where the public trust interest is preserved or enhanced; significant, economic or recreational benefits will occur for planning area residents; and no significan# adverse impacts will occur on shoreline d namics. Su and inlet maintenance projects including the continued use and deve opment of thed Wilm gton Harbor and the State Ports, maintenance of the Atlantic Intracoastal Waterway, and beach renourishment projects. Areas of Environmental Concern. 4.1 Prohibit the use of estuarine waters, estuarine shorelines and public trust areas for development activity which would result in significant adverse impact to the natural function of these areas: 4.10 Not allow new dredging activities in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or Shellfishing Waters (SA), except for the purpose of scientific research, designed for the purpose of protecting and enhancing water quality, and where supported by sound scientific and technical knowledge. Limited exceptions may be allowed for the urban waterfront and Wilmington's ports, consistent with the goals and objectives of the Cape Fear River Corridor Plan (1997) and the Downtown 2020 Plan (1998). Resource .Production and.Mana ement: Fisheries Resources 3.2 Pursue the protection, preservation, and restoration of shellfishing in all SA waters. CONSISTENCY OPINION; ~ ` The W_I_minpton- New Hanover 1997 Land Use Plan does not allow new dredging in ORW or SA waters excep# under specific exceptions. One exception allows dredging if the project is expected to protect or enhance water quality based on scientific and technical knowledge. Officials of New Hanover County believe this project is consistent with their a exception based on the scientific information in the Environmenta(Assessment reports bmitted oIn this project. This project will be consistent with the land use p-an if the information asserting water quality improvements is deemed to be sound scientific and technical knowledge. It is recommended that the Division of Water Quality be consulted in this decision. The project must also meet all local, state, and federal requirements, and follow all permit conditions. • 69. ~ ~~~' ~~L ~1 0 NE~V HANOVER COUNTY • -MEMO April 20, 2000 TO: Board of Commissioners FROM: Dave Weaver, Assistant County Manager ~ y RE: Masons Inlet Relocation Project This memo outlines the need for the County to amend the County-City Comprehensive CAMA Land-Use Plan in order to proceed with the Masons Inlet Relocation Project. In order to receive permits to perform the Masons Inlet Relocation Project, the Project has to be judged by the Division of Coastal Management (DCM) to be consistent with the County-City Comprehensive LAMA Land-Use Plari. As detailed in the attached letter, DCM has found the Project to be consistent, subject to the condition that it "protect or enhance water quality based on scientific and technical knowledge," and that the Division of Water Quality be consulted in this decision." Although the Project has been shown by scientific, technical modeling to greatly improve flushing of estuarine waters, we have not done scientific, technical modeling to show that tivater quality will be improved as a result of the increased flushing. The water quality modeling was not done because it could be very expensive and time consuming, and open the County up to additional requests for information. Consequently, although common sense states that water quality will be improved, we are not taking the stance that we are scientifically and technically improving water quality. In addition, the attached DCM letter has stated that the Division of Water Quality (DCQ) should be consulted as to ~vh'ether or not there is scientific and technical knowledge that water quality will be improved. DWQ -Wetlands Division has not been supportive of our Project. 65 INTER-OFFICE Board of Commissioners Page Number Two April 20, .2000 We recommend, therefore, that an exception similar to that stated below, be added to Policy 4.10: 4.10 Not allow new dredging activities in Primary .Nursery Areas (PNA), OutstandingResourceblaters (ORW}, or Shellfishing Waters (SA}, except for the purpose of scientific research, designed for the purpose of protecting and enhancing water quality, -and where supported by sound scientific and technical knowledge. Limited exceptions may be allowed for. the urban waterfront and Wilmington's ports, consistent with the goals and objectives of the Cape Fear River Corridor Plan (1997) and the Downtotivn 2020 Plan (1998) and for the Masons Inlet Relocation Project. This or a similar proposed change may avoid permitting delays and potential lawsuits. This proposed change will be advertised soon and taken to both the County and City Planning Boards before. it will be brought to you- and the City Council, with the intent of submitting:it to the Coastal Resources Commission in July. Please feel free to contact me if you have any questions or comments: cc: Allen O'Neal, County Manager Dexter Hayes, Director of Planning . Wanda Copley, County Attorney Mark Boyer, Public Information Officer 66~ l State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: December 20, 1999 Caron tiVhitaker, Community Planner Division of Coastal Management, Morehead City, NC Doug I-Ittg~ett Major Permits Processing Coordinator CAI~IA/DREDGE & FILL Permit Application Review New Hanover County (c/o • Greg Thompson) 6.4. Mason Inlet, between FiQu~e 8 Island & Wrightsville Beach, NC, New Hanover County Proposed Project: To relocate Nlason Inlet ~.U00 to the north of its present location and to dredge the shoaled Mason Creek to provide a sufficient tidal prism to maintain locational stability of the new inlet cr~annel. Please indicate below your office's position or viewpoint on the proposed project and return this form by January 25, ?000. If you have any questions regarding the proposed project, please contact E.F. Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested. , REPLY: / This office has no objection to the project as proposed. This office has no commert oil the proposed project. • SIGNED ~ ~ DATE ~~~ ~ OOC~ This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. 67 ~L` Off' :' I /'V1I• E NR fVIEMORANDUM D ~ ~ ~ ~ '`'ri i' ..__.. .r MAR - 3 2000 ~~ ENGINEERING DEi~laRTylEidT: TO: Doug Huggett, Major Permits Processing Coordinator cc: C Jones, C.R. Stroud, Jr., EF Brooks, K Vnson, D Hayes, D Weaver FROM: Caron Whitaker, Community Planner SUBJECT: CAMAIDREDGE & FILL' Permit Application Review New Hanover County, Mason Inlet DATE: March 1, 2000 This permit consistency opinion is based on my review of the New Hanover County permit application, the Field Investigation Report (EF Brooks, December 20, 1999), and my understanding and interpretation of the policies presented in .the Wilmington-New Hanover County 1997Land Use Plan: n The applicant proposes to locate Mason Inlet 3,000 feet to the north of its present location and to dredge the~shoaled-Mason Creek to provide a sufficient tidal prism to maintain locational stability of the new inlet channel. The location and complete description of the project are in the Field Investigation Report. ~ LAND USE CLASSIFICATION: Conservation (Estuarine and Public Trust Waters, Ocean Hazard Areas, and Coastal Wetlands) CLASSIFICATION DESCRIPTION Conservation The purpose of the Conservation class is to provide for effective long-term management and protection ~of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of the areas maybe required for a number of reasons including natural, cultural, recreational, productive or scenic values: In order to promote the highest and best use while preventing a negative impact on water quality, site specific flexibility and creativity is desirable. Generally, estuarine areas of environmental concern (AFC's) as defined by the State of North Carolina and adjacent lands within the 100-year flood plain have been classified as conservation. Conservation areas should be preserved in their natural state. Exceptions to this standard are limited to water dependent uses, shared industrial .access corridors, and those exceptional development proposals which are sensitively designed so as to effectively preserve the natural. functions of the site. Water dependent uses may include:....navigationa( aides, dredging, pilings, simple access channels (etc:). RELATED POL:1ClES AND 1NIPLEMENTATION MEASURES: (~ Natural Resource Constraints ~_J 6 ~ 3.4 Ensure the protection of coastal and federally regulated wet{ands that have important functional significance through early identification in the development process. Review of development proposals should seek to achieve the hierarchical goals of avoidance, minimization, and/or compensation. 'i 1~ II II ~I 'I ,~ !~ ~. .; • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 5.7 Estimated Time: Page Number: Department: 'Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: S-464: Special Use Permit for a Doublewide Mobile Home in an 1-2 District (S-464, 06/00) BRIEF SUMMARY' Petitioner is requesting a special use permit for a doublewide mobile home in an I-2 District. RECOMMENDED MOTION AND RE VESTED ACTIONS: Petition must meet Staff's preliminary findings. FUNDING SOURCE• none ATTACHMENTS: 3 1TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: 71. Case: S- 464; 06/00 Special Use Permit for a Doublewide Mobile Home in an I-2 District 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 site is served by private well and septic. Applications have been submitted for Health Department approval. B. The site has direct access to Holly Shelter Road. C. The site is located in the Castle Hayne VFD 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. Doublewide mobile homes are permitted by Special Use Permit in the I-2 Industrial District. B. Setback requirements for mobile homes in the I=2 district coincide with the setback requirements in the R-15 residential zoning district and will be met: 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 remains of a single family home that burned in September 1999 exist on the site. B. There are some single-family ]lomes, some mobile homes and a cemetery on nearby lots within tl~e same I-2 zone. C. No data has been submitted indicating that;this type of housing will injure the value of abutting properties. 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 property is located in the resource protection Land Classification as designated by the Comprehensive Plan. B. Other residences are located.nearby within the I-2 district. 72 1 t I , Case: S-464 06/00 1 ~ .Petition Summary Data Owner/Petitioner• Ernest & Colette Carr Existing Land Use• Residential (Burned September 1999) Zonin Historv• July 7, 1972 (Area 8A) Water Tvpe: Private Well Sewer Tvpe• Private Septic Recreation Area• Riverside Park Access & Traffic Volume: 5 100 Fire District: Castle Hayne Watershed & Water Quality Classification Cape Fear River B(SW) Aquifer Recharge Area• Secondary Recharge Conservation/Historic/Archaeolo is Resources: None Soils: Baymeade fine sand Septic Suitability Class II, Moderate limitations S h c ools: Wri htsboro g 73 {Tleis page intentionally left blank} ~~ .. J L r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Regular Item #: 5.8 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: SN-84: Road Naming/Address Assignments Request to rename Oak Avenue B to Spring Peeper La~and assign new addresses located off Edgewater Club Road, Porters Neck Community. (SN-84 06/00) BRIEF SUMMARY: Private Road Renaming •Oak Avenue "B" to Spring Peeper Lane Reassignment of House Numbers. RECOMMENDED MOTION AND REQUESTED ACTIONS• Considering the potential for confusion and untimely delivery of public and private services, Planning staff recommends that Oak Avenue "B" be renamed to Spring Peeper Lane.and that the street addresses be adjusted to reflect the County's Address Grid System. FUNDING SOURCE: none ATTACHMENTS: 3 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS• 75 .~ CASE: SN-84, 06/00 ~. SUBJECT: Private Road Renamin- .Oak Avenue "B" to Spring Peeper Lane Reassignment. of House Numbers LOCATION: Near 1200 Block of Edgewater Club Road, Porters Neck Community Staff Summary Both sections of Oak Avenue "B" (Iv1ap Book 4, Page 128 & Map, Book 22, Page 45) contain 30 foot unimproved rights-of-way (see attached map). Approximately four (4) residential homes '~ exist along this private road. Improved vehicular access for these residents is to Edgewater Club Road. At the present time, there is a plethora of street names scattered through-outNew Hanover County with the word Oak which can create confusion for individuals who~deliver goods and services. Spring Peeper Lane was agreed upon by most of the residents who live along the road and is an unduplicated road name according to Emergency 911. In accordance with the'County's Address Grid System, street addresses will need to be adjusted. ,If approved, the County will be responsible for erecting new.street sign. An effective date of change is scheduled for September" 5, 2000. Staff Recommendation Considering the potential for confusion and'untimely delivery of public and private services, Planning staff recommends that Oak Avenue "B" be renamed to Spring Peeper Lane and that the street addresses be adjusted to reflect the County's Address Grid System. 76 ~ .~ .~ . FREQUENTLY ASKED QUESTIONS CONCERNING HOUSE NUMBER ASSIGNHF,NTS Question: Why should I change my address; I have had this one for years and have not encountered .difficulties with it? Answer: The County initiated a process in 1984 to eliminate rural route box numbers and to change other numbers to create a consistent street numbering pattern.. This new numbering assignment is based on a comprehensive grid system. Under this system, house numbers generally increase in range as one leaves the City. Once the numbers are assigned, they are entered into the Emergency 911 system, which in turn uses the-grid system for dispatching needed services. Question: Why is house numbering .deemed so important? Answer: Grid system numbering for houses promotes the orderly and efficient delivery of public services, including law enforcement, fire protection, postal deliveries and other emergency services. Also, the numbering system makes it easier for various private deliveries, such as parcel services, building supplies, furniture, appliances,. etc. to find their destinations quickly and easily. Question: Why is there a gap in numbers between my neighbors' home and mine? Answer: This numerical gap, typically~:in. units of, four, is designed to provide flexibility iri house number assignments. In the event an extra structure. is added to a lot, or a lot is subdivided, then additional numbers are available for assignment. Without this flexibility, it is likely previously assigned numbers would have to be changed again. Obviously, that would be unduly burdensome. Also, the flexibility eliminates the need for half (1/2) numbers or lettering (A,B,C} Question: How much time do we have to change our new address? Ans4rer: Typically, four to five weeks is allotted. However, if more time.. is needed, the post office will work with the addressee. Question: Once the new assignments have been made, will the County change it again in the future? Answer: The implementation of the County's grid numbering system ~~rill eliminate the need for changes that have occurred in the past when new. postal routes have been added. The system .is not perfect but does offer a way to establish a permanent house numbering system while eliminating problem areas. Question: Once my number has been assigned, what type of identification~is required for the home and/or mailbox? Answer: It shall be the duty of the owner or tenant of any dwelling to properly display the assigned number on the dwelling and mail-box, if detached, so that it may be plainly seen from the road or access easement. Numbers should minimum of three inches in size. .~ ~,~ {This page intentionally left blank} ') ,t ;~ . . ~< NEW HANOVER COUNTY BOARD OF COMMISSIONERS '~. REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 . Regular Item #: 6 Estimated Time: Page Number: Department: Governing Body Presenter: William A, Caster, Chairman .Contact: William A. Caster ..SUBJECT: Selection of voting delegate and alternate for the NACo 2000 Annual Conference in Charlotte, NC on July 14-18 2000. BRIEF SUMMARY: - The County must notify NACo by June 19 of its representatives RECOMMENDED MOTION AND REQUESTED ACTIONS: Select a voting delegate and alternate to represent New Hanover County .FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT.REQUIRE REVIEW .' COUNTY MANAGER'S CO NTS AND RECOMMENDATIONS: Appoint voting delegate. COMMISS.IDNERS' ACTlO SlCOMMENTS: ~~ . 79 r„ NACO 2000. CREDENTIALS IDENTIFICATION FORM County Name: `State: ~` ' ~ 'County is voting by proxy. ~ (check box) (County must have one paid registration for the conference in order to vote by proxy.) j Name of Designated Delegate: Title: Name of First Alternate: Title: :: --~ Name of Second Alternate: Title: _,'~ Signature Title Commissioner/Supervisors/Board Merriber Signature I ' . :. Date .. ., .. T We do not want the State Association Representative to pick up our Credentials Material. (check box) -. Please return thrs form to NACo by MONDAY', JUNE 19. .Mail it to: ~. ~ ~ ~ ,.. Credentials Committee ~ ~ ' c/o Susan Parrish . National Association of Counties 440 First Street, N.W. Washington, DC 20001 OR Fax it to: To: Fax #: ' From: .80 Susan Parrish 202/393-2630 Sender's Phone #: ~; ,:, i ,_ i i i - ; .~ f. r ~. ~. :r uJ ~~~ 1y1~~ L~i~ ~~ '~ "1 i.•' , ~. .~ NEW HANOVER CO. $D. OF COMUIISS~G~cftS O Nafionai Association of Counties MEMORANDUM ELECTION OF SECOND VICE PRESIDENT To: County Executives, Parish Presidents, Borough Mayors and County Board Chairpersons From: C. Vernon Gray, NACo President ~ , Date: May I6, 2000 Subject: Voting Credentials - 2000 Annual Conference We are preparing for NACo's 65~' Annual Conference being held July 14-18, 2000 in Charlotte, North Carolina. We need your help to ensure that your county can participate in the association's annual election of officers and policy adoption for this year's American County Platform. In order to vote, a county must have paid its membership dues; and have one paid registrant for the conference, according to NACo bylaws. Please indicate on the enclosed form the name of the voting delegate and alternate(s) authorized to pick up your county's voting materials. Additionally an elected board member must sign the form. In addition, state association executive directors or presidents are entitled to pick up unclaimed credentials on Monday, July 19. If you do not want the state association to receive your voting materials, please check the box on the enclosed form. Please mail enclosed form to the following address by MONnAY, JUNE 19. Credentials Committee c/o Susan Parrish . National Association of Counties 440 First Street, N.W. - ~ Washington, DC 20001 You may fax the form to: • Susan Parrish Fax # 202/393-2630 P.S. Membership Coordinator Susan Parrish can be reached at 202/942-4242 should you have questions regarding voting procedures. We look forward to seeing you in Charlotte. ~0 Firs1 Street,, NW Washington, DC2000i-2080 202/393-6226 Fax 2021393-2630 Q tvww.naco:org ~ U 82 , E i MEETING OF THE WATER AND SEWER DISTRICT Historic Courthouse Room 301 June 5, 2000 6:30 p.m. ITEMS OF BUSINESS 1. NON-AGENDA ITEMS (limit three minutes) 2. Approval of minutes 3. Consideration of Acceptance of Drainage Easements for Water and Sewer Use 'ADJOURN • • PAGE NO. 83 85 87 83 {This page intentionally left blank} 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: . Approval of Water and Sewer Minutes of May 22, 2000 BRIEF SUMMARY: Approval of Minutes RECOMMENDED MOTION AND REQUESTED ACTIONS Approval of Minutes FUNDING SOURCE: ATTACHMENTS: Minutes ITEM DOES NOT REQUIRE REVIEW • 85 {This page intentionally left blank} f`ax ;r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~~ Meeting Date: 06/05/00 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter:.Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: . Acceptance of Drainage Easements for . Water and Sewer Use - .. BRIEF SUMMARY: Subdivisions are recorded with a statement to allow the District to accept drainage easements, for water and ,sewer construction and maintenance. Attached is a map indicating a drainage easement which is needed for a sewer line to serve property adjacent to Laurel Ridge. The attached Acceptance of Public Dedication witl allow the District to accept the 20 foot drainage easement for the purpose of providing sewer and/or water services only: RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend the Commissioners accept the drainage easement for water and sewer purposes only, and, in addition, authorize the Chairman to execute the Acceptance of Public Dedication. FUNDfNG SOURCE: NA . ATTACHMENTS: Location Map Acceptance of Public Dedication . REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S CO T AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACT10 /COMMENTS: ~~ .. ~7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ~, ACCEPTANCE OF PUBLIC DEDICATION WHEREAS, G.S. Chapter 153A, Article 15 authorizes counties to~establish water and sewer systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish water and sewer districts; and WHEREAS, New Hanover County has established the New HanoverCounty Water and Sewer District, which District has arranged for construction of a sewer. system iri the ,, unincorporated County; and WHEREAS, G.S. 153A-158 authorizes counties and districts to acquire a fee or lesser. interest in real properly by gift; grant or other lawful method;. and WHEREAS, by an instrument recorded iri Map Book 34 Page' 340 (Laurel Ridge J Subdivision); New Hanover County Registry, certain streets, drainage easements and common areas have been dedicated to the public use, which streets, drainage easements and common areas are more fully described in said instruments and incorporated herein by reference; and WHEREAS, New Hanover County desires to accept one of the above referenced drainage easements only for the purpose of providing.sewer and/or water services to County residents by and through the New Hanover County Water and Sewer District. NOW, THEREFORE, BE IT RESOLVED as follows: That the New Hanover County Water and Sewer District hereby accepts that twenty foot (20') wide drainage easement situated between Lots 132 and 133 as more fully described in Map Book 34, Page 340, Laurel Ridge Subdivision, New Hanover County Registry, for the limited 8'~urpose of providing water and/or sewer service only. Except as specifically stated above the e n ~, . . '. ,. . a District. does not accept said drainage easement any maintenance or other purpose whatsoever. 'ACCEPTED this day of 2000. [SEAL] NEW HANOVER COUNTY I WATER AND SEWER DISTRICT i ATTEST: Robert G. Greer, Chairman ~" } ~. ' Clerk to the Board " :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 District 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 Chairman, Robert G. Greer, 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: _ .. " ~ ~ 89 ~~ ,. ~~~ ~ ~~ (~ Pin (~ O ` of ext Stname ••-•••••••••••~ EXISTING DRAINAGE EASEMENT ~I N 100 0 100 200 Feet CONSENT AGENDA NEW HANOVER COUNTY .BOARD OF COMMISSIONERS June. 5, 2000 i _ ITEMS OF BUSINESS ~ PAGE ` - NO. 1: Approval of minutes 93 ~ 2. Ratification of David W. Hays to Serve as the Designee Appointee on the 95 Airlie Gardens Foundation Board of Directors Representing NCSU 3. Approval of contract #00-0415 with McGill Air Clean Corporation for 97 Electrostatic Precipitator replacement parts 4. Approval of agreement with Cape Fear Community College for Airlie 99 Gardens classes 5. Approval of matching incentive grant for Winter Park Optimist Club 109 (Hugh MacRae Park) ° 6. Approval of award of bid #00-0346 and approval of contract #00-0346 for 111 the purchase of elevated bleachers from Cunningham Associates, Inc. 7. Approval of Community Oriented policing Services (COPS) Grant Application 11.3 --._ 8 Approval of 2000 Real Estate Value Appeals 115 9. Approval of Budget Amendments: ' 9.1 ,.#2000-38 Federal Forfeited Property ~ 117 9.2 #00-0183 Foster Grandparent Program ~, ~ 118 1 3 91 {This page intentionally left blank} . n i i i I '.~ i ,~ I NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approval of Regular Meeting of May 22, 2000 and Board of Equalization and Review of May 22, 2000 RECOMMENDED MOTION A~I:D. REQUESTED ACTIONS: Approval of minutes FUNDING SOURCE: ATTACHMENTS: Minutes ITEM DOES NOT REQUIRE REVIEW • 93 ~ ' `i ~a `~ ~ {This page intentionally left blank} :, I , { . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Consentltem #: 2 Estimated Time:. Page Number.: s` Department: Governing Body Presenter: William A. Caster .. Contact: Lucie Harrell SUBJECT.: . Ratification of David W. Hays to serve as the designee appointee on the Airlie Gardens Foundation Board of Directors representing NCSU.. ` BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify appointment of David W. Hays , FUNDING SOURCE: ATTACHMENTS: ~' Letter from James L: Oblinger ITEM DOES NOT REQUIRE REVIEW ' COUNTY MANAGER'S COM ENTS AND RECOMMENDATIONS: .Recommend approval . COMMISSIONERS" ACTT S OMMENTS:. 95 North Carolina State University is a land•grant College of Agriculture and Life Sciences university and a constituent institution of Office of the Oean The University of North Carolina May 10, 2000 Campus Box 7601 Raleigh, NC 27695-7601 919.515.2668 919.515.6980 (fax- cals_dean®ncsu.edu ~' , 96 Mr. William A. Caster Chairman, New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Dear Mr. Caster: It has become necessary to change my appointed designee to serve on the Airlie Gardens ~; Foundation, Inc. Board of Directors. Dr. Ted Bilderback's primary scheduled duties are often in conflict with the Board's activities and has hampered his full participation. I would like to recommend Mr. David W. Hays to replace him as my designee. Mr. Hays is a well- known development specialist with extensive experience in North Carolina. He is well respected across the state through his activities as the Executive Director of the Cooperative Extension Service Foundation. I believe he can provide significant contributions to your Board. Contact information for NIr. Hays follows: Mr. David Hays Box 7645 College of Agricultural and Life Sciences North Carolina State University Raleigh, NC 27695-7645 email: David Hayes na,ncsu.edu Telephone: 919-513-2944 Fax: 919-515-5274 Thank you for your consideration of this change in representation. Sincerely, f~ awes 'L. Oblinger Dean JLOlkam cc: George T. Barthalmus Jon F. Ort Johnny C. Wynne Katie B. Perry Thomas J. Monaco Theodore E. Bilderback David W. Hays h'~!i`( i 5 2Gu~ NEW HANOVER CO. BD. OF COMMISSIONERS ~, '~^" ~ / NEW HANOVER COUNTY BOARD OF COMMISSIONERS _ REQUEST FOR BOARD ACTION ' ~ Meeting Date: 06/05/00 Consent Item #: 3 Estimated Time: Page Number: Department: Environmental Management Presenter: .Contact: Amy Akin ~ - SUBJECT: f Approval of contract # 00-0415 with McGill Air Clean Corporation for _ Etectrosfiatic Precipitator replacement parts. BRIEF SUMMARY: Staff is requesting approval of contract # 00-0415 with McGill Air Clearf Corporation as a sole source purchase allowed in General Statute 143-129(f). The .replacement parts needed'_to . complete scheduled maintenance to the existing Electrostatic Precipitators can only be obtained from McGill Air Clean Corporation. McGill Air Clean Corporation holds all the drawings and specifications to these parts. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of attached resolution awarding contract # 00.0415 to McGill Air _ ~ Clean Corporation for Electrostatic Precipitator replacement parts in the amount of $39,573.00: Contract approval made under the sole source provision of General Statute 143-129(f). Draft contract attached. fUNDING:SOURCE: ~ - County funds are budgeted for this purchase in account # 700.485.4195.3920.32. - ATTACHMENTS: Resolution 00-0415r.vv REVFEWED BY: - LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/'A RESOLUTION , . ' OF THE ~ BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of the Electrostatic Precipitators is required in the routine operation of the WASTEC Facility; ': ~ _ ° ~ . AND WHEREAS, replacement parts are needed to complete maintenance repairs to the existing. Electrostatic Precipitators; • - AND WHEREAS, McGill Air Clean Corporation holds all the drawings and specifications to the required replacement parts; `AND WHEREAS, `General Statute` 143-129(f) allows an exemption from formal bidding for purchase contracts when'a needed'product is 'available from only one source of supply; ~ - ., AND WHEREAS, the WASTEC staff has explored options grid has.been able.to find the replacement parts only from the manufacturer; AND WHEREAS, funds have been.;previously .appropriated. and are now in; Recount No. 700-485-4195-3920-32 to cover this contract; contract, amount of thirty-nine thousand five. hundred seventy-three dollars ($39,573.00); . ,. AND WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to McGill Air Clean Corporation, the sole source for these parts; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners; of New Hanover County that contract # 00-0415 for Electrostatic Precipitator parts for the WASTEC Facility of the Environmental Management Department, be awarded to McGill Air Clean Corporation in the amount of thirty-nine thousand five hundred seventy-three dollars ($39,573.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 5th day of June, 2"000. (SEAL) . _ .. Chairman; Board of County Commissioners ATTEST: _ - _ 98 Clerk to the Board ~- NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~. ' REQUEST FOR BOARD ACTION ' Meeting Date: 06/05/00 Consent Item #: 4 Estimated Timer Page Number: ' ~: Department: Legal Presenter.: Allen O'Neal, County Manager Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: Agreement with Cape Fear Community College for Airlie Gardens Classes. BRIEF SUMMARY: - The Community College wishes to conduct courses at Airlie Gardens as part of the Landscape Garden Associate Degree program. This Agreement would authorize the College to use the stable area within the Gardens, contingent upon the County acquiring title to that site. The County has :. ~ not yet closed on the stable parcel. The County is awaiting-the final State certification approving the environmental :mitigation process associated with the Corbett removal of an underground oil tank. The State Environmental sign-off is anticipated to occur shortly. The Cortege has requested that the County now proceed with execution of the memorandum of ,' agreement so as to expedite matters once the County is able to obtain ownership. RECOMMENDED MOTION AND REQUESTED ACTIONS• Authorize execution of the Agreement. . FUNDING SOURCE: Not Applicable. . ATTACHMENTS:. Yes. REVFEWED BY: 1EGAL: 1=INANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S C TS AND RECOMMENDATIONS: - Recommend approval COMMISSIONERS' ACTIO S OMMENTS: 99 MEMORANDUM :~OF.. UNDERS,TANDING ~ , THIS MEMORANDUM OF 'UNDERSTANDING ("Memorandum") is entered into as of the day of, May; 20.00 by and between New Hanover County ("County") and Cape, Fear Community Co1.lege ("College") to set forth their mutual understanding and intent with regard to College's. use of that property owned and%or leased by the County and commonly known as "Airlie Gardens" ("Premises") in connection with College's. Land,s,cape Gardening Associate Degree; Program ("Program") This Memorandum states the intent of the parties with respect to the arrangement, discussed herein, with; binding legal obligations betweeh the parties to be subject to the' execution by 'each of a definitive agreement or agreements with,- ~. ~ regard thereto. ~ , 1. Use of the Premises. County., shall grant to College the non-exclusi,ve..right ,. privilege, and permiss-ion-for College's students, employees and agents to enter.upon the Premises -for the purpose of conducting landscaping° classes and related activities in connection~with~the Program. Additionally, County shall provide College with space on the Premises to accommodate classrooms';storage` space, a greenhouse, and labs for the Program and College's .students, employees., and agents shall,Yave the• non-exclusive right, privilege, and permission to use such space for. such purposes. •: It. is. currently.. anticipated that such space will be provided 'f by' renovating the stables located :on ~thePremises and building a greenhouse. However, the location and design of such classrooms, storage space, and labs and the location of the greenhouse shall be the responsibility of the architect selected by the County. College shall be responsible for making all necessary renovations for such 100 `.j i i ~. • 2. 3. classrooms, storage space, and labs and shall be responsible for the construction of a greenhouse. Activities Associated with the Program. College, in its sole discretion, shall develop the curriculum for. the Program and determine the activities in which ,its students shall be involved; provided, however, that County from time to time shall give advice upon "the request of College. As part of the Program,. College's students shall assist. with the planning, planting and -..- maintenance of the Premises, subject to College's sole discretion .with regard to Program activities. Additionally, County and College shall cooperate in order to establish and provide- internships with New Hanover County to students enrolled in the Program; provided;- however, that College shall have the sole right to determine which internships may be offered to, its students in connection with- the Program and what activities will be..involved in such internships. Access to the Premises. College's students, employees and agents shall have access to the Premises at all times which .are necessary in order for the activities associated with the Program to be conducted and/or - performed. County-shall designate the entrance/exit and parking area which shall be used by College's students, employees and agents. and-shall provide them with any keys, passes, and/or codes necessary for such access.. College shall provide its students, employees and agents with decals for their vehicles which will-indicate their association with College. Environmental Indemnity. County does not currently own that part of the Premises upon which, the stables .a re located ("Stable Area"). Due to an .environmental" 2 101 t 102 condition on or about the Stable Area, County has not taken title to the Stable Area and is currently leasing the Stable Area from its current owner. Notwithstanding anything to the, contrary herein, College's execution of any definitive agreement as set out herein is expressly conditioned upon (a) the North Carolina Department of Environment and Natural Resources issuing a "No Further Action" .letter to the owner of the Stable Area with respect•,to such environmental condition, (b) County taking fee simple title to the Stable Area, and (c) any definitive agreement executed by the parties containing environmental~_ indemnification language substantially similar to that set forth in Exhibit A, which is attached hereto and incorporated herein by reference., Insurance:. Each party shall maintain for its benefit general liability insurance against any claim or claims for damage or.loss arising by reason of injury, death, or damage occasioned in, upon, or adjacent to the Premises. Such insurance shall have a combined limit of at least One Million and No/1.00 Dollars ($l, 000, ODO,. 00) for injury to or death of any one (1) or more persons by the same accident or for damage to property .of other persons. Each policy effecting-such coverage shall designate the other.party as,an additional insured as its interest may appear and shall contain a clause that the insurer will not cancel. or modify the insurance .coverage without first giving the other, p,a,rty a minimum .of thirty (30) days' advance written notice by certified mail. Further, each such policy shall be carried with a reputable insurance company authorized to do business in North Carolina and a copy of each such policy or a. certificate of insurance shall be provided to the .other party upon request. 3 ~; I ,. ~ - ~ ,. - ~• 6. Term and Termination. Any definitive agreement executed by .the parties shall continue until terminated by County or College. County or College shall have the -~ right to terminate the agreement only at the .end of any -. of College's semesters by giving ninety-{90) days prior " '" - written notice to the other party. Any. and all permanent (. alterations, ,.additions or other improvements made to the., ' Premises by College, -with .or without the consent of F ~ County, shall become the property of County, without ~~ - compensation therefor to College," at the termination of the definitive agreement. However, any movable fixtures - :owned by College shall remain the property of College." - 7: 'Accommodation. Any. definitive agreement executed by the parties ,hall- be an accommodation to College with no - monetaryVconsideration being.~paid by College. ~_ 8. Maintenance, Supplies and Equipment. With the exception of the classrooms, labs, storage space, greenhouse, and any other portion of, the Premises assi ned to Col1e e for g g its exclusive use for the Program,-all. of which shall be :. maintained by College, County shall be solelyresponsible for maintaining the Premises and any buildings or other property located on the Premises and owned by County. County shall also be solely responsible for furnishing, maintaining., and-repairing the"equipment and supplies - necessary for fulfillment of its maintenance. -- responsibilities,'"County shall keep the Premises, such equipment, buildings, and other property, including, but not limited 't o, the .classrooms, storage .space, labs,. greenhouse, and any other portion of the Premises used by . College, insured to-.the extent County shall deem necessary to protect ,its interest therein. College's students, employees, and agents may, upon receiving " ®" - ~. F - 4 1p3 -.permission from the Superintendent of Gardens for Airlie • Gardens and under his•or his desi'gnee's supervision, use - County's supplies, equipment, and other -property, which ar•e used and maintained by County`•in connection with the Premises, -for thepurpose of~ ~as'ssting with the maintenance of the Premises. However, College shall be - solelyresponsible for obtaning,'~•maintaining, and repairing an•y'and ali supplies•and equipment used by its agents, employees, and students for Program•classes and activities•other than assistance with the maintenance of Airlie Gardens. College's agents,` employees, and students shall be required to abide by all guidelines and requirements, of-which they. are given notice, for the safe ope`rati•on of County's equipme-rit. 9. Utilities and Taxes: College shall not be responsible ^for any property taxes as'sociated•with the Premises. County shall be responsible for any "and all ut-lity costs associated with the Premises; provided, however, that College shall•pay'to County its proportionate share of utility costs for' the `portion- of the Premises used by College. College's proportionate share~of such utility costs shall be-determined by reference to'~the amount of - - •time'College actually uses such portion of the Premises rv during any relevant period. College-shall-be responsible -for all expenses related to any telephones installed by or for the exclusive benefit of-College. - This~'Memorandum is a good faith `expression of the parties' intentions regarding `the arrangement set forth herein. However, such arrangement is_subject to the execution by- the parties of a mutually satisfactory agreement which shall definitively set forth. the terms~`of the arrangement and~the rights and obligations of.the parties: This•Memorandum does not create a 1'e gal obligation of any kind. 104 S EXHIBIT A Environmental Indemnification. a. County and College agree, and County represents., covenants and warrants, that College shall not be responsible or liable .to County, or any other entity or third party, in any way, manner or form, for the following: (i) the petroleum contamination on or underlying the Stable Area, whether or not such condition is or has been identified on or before the date of the definitive agreement, or for any condition, expense or damage arising or resulting from or otherwise caused by any such petroleum contamination; or, (ii) any liability, expense or damage arising or resulting from or otherwise caused by any pre-existing, environmental condition of the Premises, including without limitation the petroleum contamination on or underlying the'Stable Area, and the presence or release, or threatened release, of any Hazardous Materials on the Premises, whether or not such environmental condition is discovered before, on or after the date of the definitive agreement, and whether or not such condition originates from the Stable Area or Premises or from an off-site source or adjacent or other properties. b. County agrees to indemnify and hold College harmless from . and against any and all costs, expenses, losses, liabilities, damages, injuries, and claims of any and every kind whatsoever, including, without limitation, diminution in the value of any property-owned by College or any third p-arty or entity, any damage to the facilities, any personal injuries resulting from exposure to the petroleum contamination or any Hazardous Materials, and sums paid in settlement of claims, court costs, reasonable attorneys' fees, fees for consultants or experts whether paid or incurred or asserted against County or College for, with respect to, or as a ®~ direct.. or indirect result of: (i) the presence in, on, or at, or the escape, spillage, ~ discharge, seepage,; emission. or release from Stable Area or the ,. i i .Premises, or any subsurface area thereof, ~of the petroleum contamination or any Hazardous Materials, or substantial threat of contamination, occurring before, on .or after the.date of the ,~. definitive agreement that is not caused by~ the activities-, of College, its agents, representatives~or employees; or, (ii) the violation by County of any .applicable. Environmental Laws :relating to any environmental condition in, on, i. at, ,,escaping or releasing. from, or affecting Stable Area or the Premises. f , c. For purposes of this Agreement: (i) "Hazardous Materials"..means and .includes any - flammable, explosive or radioactive materials, polychlorinated biphenyls (.PCBs), or any material containing PCBs, lead and/or any. . hazardous, toxic,, regulated, or dangerous waste substance,. or material defined as such by-the United States Environmental Protection Agency or for the purpose of or by any, Environmental Laws; as now or at any time hereafter may be in~effect; and, - (ii) "Environmental Laws" means and includes the Comprehensive Environmental Response, Compensation and Liability Act, the. Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act, the Clean Wa-ter Act, the Clean Air Act, the Toxic Substances Control Act, the Emergency Planning a,nd Community Right-to=Know Act, the North Carolina OT Pollution and Hazardous Substances Control Act, or any federal, state,. or local law,. ordinance, regulation, rule, order; or decree regulating, relating to, or imposing liability, responsibility, or standards of - conduct applicable to environmental conditions and/or discharges or releases (or threatened discharges or releases) of petroleum or ' Hazardous Materials. ` d. This environmental indemnification, and. all .representations, covenants, and warranties as set forth herein, shall be binding upon and shall"inure to the benefit of :College, and the respective legal representatives, successors, and assigns of. College. This Agreementshall survive the closing anyl~~ - ... I'' i I ,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS ,~ REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Consent Item #: 5 Estimated Time: Page Number: Department: Parks Presenter: Neal -Lewis Contact: Neal Lewis SUBJECT: Matching Incentive Grant for Winter Park Optimist Club (Hugh MacRae Park) BR(EF SUMMARY: ~, The County established the Matching Incentive Grant Program in the 99.00 FY to provide funding to organizations assisting with improvements to County Parks. The Winter Park Optimist Club is buiding a rest room/press box building at one of the youth baseball fields at Hugh MacRae Park. The project also includes improvements to the field. The club has provided information indicating ` ,that the total cost of the project is $38,200. They are asking for matching funds in the amount of $19,100, toward the cost of the project. The Parks & Recreation Advisory Board has reviewed the request and recommended approval by the Board of County Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS Approval of a Matching Incentive Grant to the Winter Park Optimist Club in the amount of $19.,100,. for the construction of a rest room/press box building and improvements to a baseball field.. FUNDING SOURCE: Parks Department Budget (FY99-00) ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve. BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S CO AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTION /COMMENTS: 1110 -; NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION - Meeting Date: 06/05%00 Consent Item #: 6 Estimated Time: Page Number: Department: Parks Presenter: Contact: Amy Akin "SUBJECT: - Award of bid # 00-0346 and. approval of contract # 00-0346 for the purchase of elevated bleachers from Cunningham Associates, Lnc. BRIEF SUMMARY: The formal bid process was followed for the purchase and installation of elevated bleachers for Ogden Park. Three bids were received. The lowest bidder, Peggs Recreation & Architectural Products, Inc. was deemed nonresponsive because their price did not include the required installation of the bleachers and the company took exception to the County's standard payment terms. Because of these exceptions, Peggs - Recreation & Architectural Products, Inc, was removed from consideration of award. Therefore, Cunningham Associates, Inc. was determined to be the lowest responsible bidder. Attached is a resolution recommending award of bid and approval of contract to Cunningham Associates, Inc. RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends adoption of resolution award bid # 00-0346~to: Cunningham Associates, Inc. and approving contract #00.0346 for the purchase of elevated bleachers: FUNDING SOURCE: 315-612-8210.7300-6300-17-PARKS27G ATTACHMENTS: Attached is the. resolution. 00-0346r.w REVLEWED BY: LEGAL: FINANCE: Approve BUDGET:. Approve HUMAN RESOURCES: N/A • Recommend approval 111 .:...RESOLUTION OF THE BOARD OF COMMISSIONERS OF x. NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 4:00 p.m., on the 17th day of May, 2000, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for elevated bleachers for the Parks Department, Bid # 00-0346: Peggs Recreation & Architectural Products, Inc Cunningham Associates, Inc. Lumina Builders $35,293.76 $38,820.00 $52,380.00 AND W HEREAS,.the bid from Peggs Recreation & Architectual Products, Inc. did not include the required installation and took exception to the County's payment terms arid therefore the bid was deemed nonresponsive and was not considered;, ; ~ - ~ . AND WHEREAS, the Parks Director, the Finance Director and the County Manager recommend that the contract be .awarded to Cunningham Associates,.Inc. of Charlotte, North Carolina, the lowest responsible bidder, in the amount of thirty-eight thousand' eight hundred twenty dollars ($38;820.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 315-612-8210-7300-6300-17-PARKS27G to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for elevated bleachers for the Parks Department, Bid # 00-0346 be awarded to Cunningham Associates, Inc. in the amount of thirty-eight thousand eight hundred twenty dollars ($38,820.00); and that the County is hereby authorized and directed.to execute the contract # 00-0346, contract form to be approved by the County Attorney. This 5th day of June; 2000. (SEAL) ATTEST: 1 ~ ~lerk to the Board Ij Chairman, Board of County Commissioners ... NEW HANOVER COUNTY BOARD OF COMMISSIO_ NERS REQUEST FOR-BOARD ACTION- Meeting Date:. 06/05/00 " Consent Item #: 7 Estimated Timer Page Number:. • Department: Sheriff Presenter: • ; Contact: Fred ~Clingenpeel . SUBJECT: Community Oriented Policing Services (COPS) Grant Application " _ BRIEF SUMMARY: ~ - Sheriff's Dept. wishes to apply for a COPS grant to fund Salaries and Fringes for eleven (11) School Resource Officers. Total applied for is $1,170,554 which will fund the 11 positions for 3 years. All COPS in Schools grant recipients must develop a written plan to retain their COPS-funded .officer positions for at least one full locally set budget cycle after the conclusion of the federal grant period. No County match will be required if the grant is awarded in the above amount; however, issues such as cars for officers, uniforms, weapons, etc. should pe addressed. " ~ R-ECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to apply for grant. Request approval of budget amendment if awarded. FUNDING SOURCE: " Federal $1,170,554. ,Funding questions in summary are being researched and need to be answered - .ATTACHMENTS.: ` REVIEWED BY: . LEGAL: :N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A ' COUNTY MANAGER'S COMMENTS AND. RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: `~ ", ~ ~ ~. 113 • - - i - NE•W HANOVER• COUNTY -BOARD OF COMMISSIONERS- REQUEST. FOR BOARD ACTION• Meeting .Date.: 06/05/00 Consent Item #: 8 Estimated Time: Page Number:'+ ~ . Department: TAX Presenter: Robert Glasgow Contact: Robert Glasgow SUBJECT: • 2000 Real Estate Va ue Appeals ~ ' BRIEF SUMMARY: The following taxpayers were originally on the list to appear before the Board of Equalization,and~, Review:to protest their 2000 real .estate values. Since this' list was prepared, the following taxpayers wish to withdrawal their ;appeals and there is no need for them to appear before the Board. ,. Allen, Elms L. Harriet C.. Etal. ~ - 804520-002.009-000 Audubon Enterprises, LLC 804813-030.005-000 Buck, Carolyn Hill •. 801900=001.010=046.. • Capps, Michael W. Robbin S.. ... - 804414=005.00.5-000 ~• , Cypress Green, Inc. 808700-001-050-0.00 thru 808700-001,-053-000; , • 808700-001-055-OOOahru _ 808700.001-079-000; 808700-001-081-000 thru 808700-001-088 ;000 808700.001.090.000 thru 808700-001-109-000 808700-001-111-000 thru - _ ~ 808700-001-].20=000 `- 808800.001-057.000 thru 808800-001-060-000 DiMartino, Michael Rose B. _ , 802920-003.020-000 . ~ Ellis, Stephen Gregory, Etal. _- 805607.001-O11-000 Erickson, John' K. Kathy I. 805011.001-014-000 Fasul, James S. Samantha T. ~,~ X06311-001•D03-000- Griffin, Steven G. _ ~ 806308-017-001-002 Harding, Bridget M. 805116-001-013.000 Hargrove, James T. 807705-001.001.000 Hewett, William P. 807007.002.007.001 Hunter, Jack A. 805700-006-015-000 and 805700.006-015-001 Kahn Properties, LLC. 803811-003.003-000 King, Helen M. 801100-009-006.000 Marnie, William R. Wendy T. 808416-001-002-000 Morris, Sandra Ann Kirby 805710-002.041.003 Newton, Carolyn Elizabeth 805611.004-013-028 11 ~orth•Metro Prop. LLC 804809-042.013-000 805718.003-009.000 egister, Carolyn F. Sherwood, Richard L Sandra L. Stafford, W. R. Jr. ~ R05116-004-012-000 - R05719-003-021 044 Swayne, Henry M. Maude A. - - R05700-003.01-9.000 ` _ Thomas,. Edward J. Elizabeth A. Tucker, Anne D. R04400-003.052-000 Vandergrift, A. Wayne R06007-004-0.11-007 R02500-002.009.000 Wachovia Bank Trust Co. for Leslie M. Merrill R02500-002-020-000 R04500-007-002-000 . ,Williams, Paul M. Virginia Woodson, James H. Nancy R0371~0.001-012-000 ~ . . - R05716-004-010.000 The Tax Department found errors in the assessed value of the fol lowing parcels. After the corrections have been made the taxpayer .has agreed with the new value and wishes to withdraw their appeals:. Coastline Lnn on the Cape Fear River - 804716.001-002.001 - Old Value $ 1,880,182 -New Value $ 1,689 603 , Different Strokes Golf Center, Inc. 807909-001.008-001 Old Vafue $ 53,452 -New Value $ 50,812 (On each parcel) 807909.001.008-003 807900.001-008-004 '. 807909-001-008.006 thru 807909-001.008.021 807909-001.008-023 807909-001-008.024 . 807909-001.008-026 - 807909-001-008-027 807909-001-008.029 Lindsey, William C. Jr Etal 807909-00.1-008-031 . . . Old Value,$ 263,426 -New Value $ 227,331 805608.002.006.000 RECOMMENDED MOTION AND REQUESTED ACTIONS - Approve withdrawal of these appeals.., ~ - FUNDING SOURCE• ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMM ND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS .COMMENTS: '~ . 115 11,6 . ~,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/00 Budget Amendment ~ - Consent Item #: 9.1 Estimated Time: Page Number:. DEPARTMENT: Foster Grandparenfi Program BUDGET AMENDMENT #: 00-0183 ADJUSTMENT DEBIT CREDIT Foster Grandparent Grant $19,000 - ~ Medical Insurance $3,250 Training and Travel $2,500 ° ~ Volunteer Recognition ~ $750 Volunteer Mileage Expense $15,000 .Volunteer Stipends $4,000 EXPLANATION: To budget additional FGP funds to cover anticipated expenses through 6-30-00. This grant is based on calendar year basis; one-half had been previously budgeted, however, spending is heaviest in March, April and May thereby increasing the need for additional funds for this fiscal year. - ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by.Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: 117 . NEW HANOVER COUNTY BOARD OF COMMISSLONERS REQUEST FOR BOARD ACTION Meeting Date:. 06/05/00 Budget. Amendment Consent Item #: 9.2 Estimated Time: Page~Number: ~ ' DEPARTMENT: Federal Forfeited Property }• BUDGET AMENDMENT #: 2000-38. " ' ADJUSTMENT DEBIT CREDIT Federal Forfeited Property $5,650 Capital Project Expense - $5,650 EXPLANATION: To increase budget for additional revenue received 5-23-00. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. ADDITIONAL fNFORMATION: ~ - . APPROVAL STATUS: ,To be approved by Board Of Commissioners ~ ~ J COMMISSIONERS' ACTIONS/COMMENTS: ,, 118 ~.~ . ~~ - ,~r NEW HANOVER COUNTY BOARD OF COMMISSIONERS - ` ~ - REQUEST FOR BOARD ACTION - Meeting Date: 06/05/00 . Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell .SUBJECT: .Consent Agenda Item 10 -Reappointment of William a. Caster to Serve on the Lower Cape Fear Water and Sewer Authority - BRIEF SUMMARY: - Reappoint Chairman Caster to serve a 3-year term on the Lower Cape Fear Water and Sewer Authority. The term will expire May 13, 2003. (See attached letter.) RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: A- _- - - - ~: r Q ~ ~ , ,~ ~ " . LOWER CAPE FEAR WATER AND SEWER AUTIiORITY ~ " ,~ , Number of members: 13 - 2 appointed by New Hanover County Commissioners . Term• three years . Regular Meetings: Second Monday of each month Statute. or cause creating Authority: General Statutes 161A Brief on Functions: The purpose of the Authority is to provide 45 million gallons a day of raw .water to the Authority's Membership which includes the City of Wilmington, Bladen, Columbus, Brunswick, New Hanover and Pender Counties. The Authority functions as a water utility in ,providing the sale of raw water to any member government of the Authority that requests such service. The Authority can sell water directly to industries in the region upon request. The Authority initially provided water service to Brunswick County. As of Apri11991, the Authority _ is expanding its pipeline to provide water service to Cape Industries on US highway 421, in New " ~ ~ ~ Hanover County and future water supplies to Takeda Chemical Products, USA and the City of . ~. ~ " . "Wilmington. In general, the Authority operates under the same powers and guidelines as do cities and counties. . TERM PRESENTLY" TERM . CURRENT MEMBERS SERVING ~ EXPIRES William A. Caster First 5/ 13/2000 County Commissioner Appt. 12/96, Reappt. 12/97 Darryl T.. Langley First 5-13-2001 ` P.O. Box ..10071 Wilmington, NC 28405 (Appt. 3/23/98) 686-0808 (H) 253-6808 Other Members: A. H. (I,ex) Jones, Bladen County Dwight Crainshaw, Brunswick County " Earl Andrews, Brunswick County Alton Milliken, Sr., Brunswick County Jeff Phillips, Brunswick County Lynwood Norris, Columbus County Dempsey Herring, Columbus Dwight Strickland, Pender County .. Robert Forand, Jr., Pender Robert Ruffner, City of Wilmington ., " ~ Hamilton Hicks, City of Wilmington .Director: Kurt Taube, P.O. Box 1673, Wilmington, NC 28402 ~ . 762-2065 - " ~ . ~ : 1LCFW&S ® ~ ." ~~ ,!' ;~., - . Lower Cape Fear Water and Sewer Authority Post Office Box 1673 Wilmington, North Carolina 28402 (910) 762-2065 (910) 762-3418 FAX e-mail: lcfwasa@cape fearnet *~ ~-.' April 13, 2000 ~ ~ . rV- G Mr: Allen O'Neal, Manager New Hanover County 320 Chestnut Street, Room 502 Wilmington, NC 28401 . Dean Mr. O'Neal: ' " Please be advised that the term of Mr. William A. Caster will expire. on May 13, 2000 as . " New Hanover County's representative on the Authority board. Please ask the New Hanover County Board of Commissioners to update its appointment/reappointment to the Authority board for a new three-year term next ® expiring on May 13, 2003. For my information and files, please forward to me a letter addressing the Board's decision regarding this matter. - Thank you for your assistance. . "Sin -rely, urt G. Taube Executive Director " KT/blw cc: Mr. William A. Caster ~~ , ~.. . , NEW HANOVER COUNTY BOARD OF COMMISSLONERS . REQUEST FOR BOARD ACTION. Meetin Date:. 06/05/00- g. • . Department: Governing Body Presenter: Lucie F. Harrell . Contact: Lucie F. Harrel{ - SUBJECT: Consent Agenda .Item 10 - Reappointment of William a. Caster to Serve. on the Lower Cape. Fear Water and Sewer Authority BRIEF SUMMARY: Reappoint Chairman Caster to serve a 3-year term on the Lower Cape Fear Water and Sewer Authority. The term will expire May 13, 2003. (See attached letter.) RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ~ • .ATTACHMENTS: ® , ;~ . • LOWER CAPE FEAR WATER AND SEWER AUTHORITY ® .Number of members: 13 - 2 a ointed b New Hanover Count pp y y Commissioners ... Term:. three years Regular Meetings:. Second Monday of each month Statute or cause creating Authority: General Statutes 161A Brief on Functions: The purpose of the Authority is to provide 45 million gallons a day of raw water to the Authority's Membership which includes the City of Wilmington, Bladen, Columbus, Brunswick, New Hanover and Pender Counties. The Authority functions as a water utility in .providing the sale of raw water to any member government of the Authority that requests such service. The Authority can sell water directly to industries in the region upon request. The Authority initially provided water service to Brunswick County. As of Apri11991, the Authority - - is expanding. its pipeline to provide water service to Cape Industries on US highway 421, in New Hanover- County and future water supplies to Takeda Chemical Products, USA and the City of Wilmington. In general, the Authority operates under the same powers and guidelines as do cities and. counties. . TERM . - - PRESENTLY TERM , CURRENT MEMBERS SERVING EXPIRES ® William A. Caster First 5/13/2000 County Commissioner Appt. 12/96, Reappt. 12/97 Darryl T. Langley First 5-13-2001 P.O. Box 10071 Wilmington, NC 28405. _ (Appt. 3/23/98) '. . - . 686-0808 (H). 253-6808 _ Other Members: ~ . A. H. (Lex) Jones, Bladen County Dwight Crainshaw, Brunswick County Earl Andrews, Brunswick County Alton Milliken, Sr., Brunswick. County Jeff Phillips, Brunswick County Lynwood Norris, Columbus County Dempsey Herring, Columbus Dwight Strickland, Pender County Robert Forand, Jr"., Pender Robert Ruffner, City of Wilmington '._~ .- dower Cape Fear Water and Sewer Authority - ` Post Office Box 1673 r-~--~~ l~lmington, North Carolina 28402 (910) 762-2065 (91'0) 762-3418 FAX e-mail: lcfwasa@cape fear.net *Y . ~--`r-J Apri113, 2000 , . K r V_ G Mr. Allen O'Neal, Manager /' New Hanover County ` 320 Chestnut Street, Room 502 Wilmington, NC 28401 Dear Mr. O'Neal: _ Please be advised that the term of Mr. William A. Caster will expire on May 13, 2000 as New Hanover County's representative on the Authority board. Please ask the New Hanover County Board of Commissioners to update its appointment/reappointment to the Authority board for a new three-year term next .; ~ expiring on May 13, 2003. . For my information and files, please forward to me a letter addressing the Board's decision regarding this matter. Thank you for your assistance. -..Sin rely, ~ . urt G. Taube Executive Director . KT/ blw cc: Mr. William A. Caster ~~