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Agenda 1999 03-08
.. AGENDA NEW xANOVER COUNTY BOARD OF COMMISSIONERS -. • Assembly Room, New Hanover County Courthouse 24 North Third Street, Room 301 I • ,~ ~ Wilmington, NC . • ~ WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREERVKE-CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD March 8, 1998 ~ 6:30 p.m. . MEETING CALLED TO.ORDER (Chairman William A. Caster) ` INVOCATION `PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes)) u~ ~,~ (C~--seX-v~'~es) ~s~,der~.~i~-r ,~-~~~-~4~~~~~ APPROVAL OF CONSENT AGENDA, ESTIMATED ITEMS OF BUSINESS PAGE TIMES _ NO. 6:45 p.m. 1 Consideration of Resolution To Request that.the State Develop Water 1 Quality Regulations on Users Other than Coastal Development 7:00 p.m. 2. Consideration of Resolution Supporting Consolidation of New Hanover 9 • County and City of Wilmington Governments 7:05 p.m. 3. Consideration of Funding for Ports and Waterways Commission 11 . 7:15 p.m. 4. Consideration of Request to Reduce Speed Limit on Airlie Road 15 7:20~p.m. ~5. ~ Consideration of High Bid from Auction of Two Acres off Military 17 . Cutoff Road to Board of Commissioners Public Hearings: • 7:30 p.m. b.l ~ecial Use permit, Revision- Request by Lonnie Williams Jr..for John 19 ~~ ~ Coble to permit an approximately 6000 square foot addition to Trails . End Restaurant and related activities. The site is zoned R-15 and I - ~ ~ . , 'located at the eastern terminus of Trails End Road (S-336•, 0/91: ~ ~ Revision 12/98) 8:30 _p.m.. , 6.2 Rezoning. Continued Item, Appealed Case- .Request by Naomi Yopp ' : 31 ~ -' to rezone 39.39 acres at 8605 Market Street to B=2 Business from . R-15 Residential. (Z-644., 12/98) ~ - 8::45,p.m. - 6.3 ~ Special use Permit, Continued Item- Request by Roger Johnson to 35 revise the :approved site plan for Johnson's. Marina to permit ESTIMATED ITEMS OF BUSINESS PAGE TIMES NO. 10:45~p.m. 6.4 Rezoning- Request by_Jon Vincent to rezone .84 acre at Lot 4, Myrtle,. - 61 Grove Business Park in the 5600 block of Carolina Beach Road to Conditional Use B-2 Business for office/warehouse from Office and. .Institution.. (Z-648, 2/99) ~, 10:55 p.m. 6.5 Appeal -Request by SANCO of Wilmington Service Corporation 69 to appeal decision by Technical Review Committee (TRC) denying Approval of Grand Bay at Beau Rivage for; 78 Units 11:00 p.m. 7. Meeting of Water and Sewer District ~ 73 ADDITIONAL ITEMS County Commissioners County Attorney County Manager 11:15 p.m. ADJOURN , .. , 'k r ~ ~ ' . MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC March 8,1999 9:00 A.M. - ITEMS OF BUSINESS 1. NON-AGENDA ITEMS (limit three minutes) 2. Approval of Minutes ADJOURN .:. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~~ MARCH 8, 1999 ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 79 2. Approval of New Hanover Regional Medical Center Leases 81 3: Acceptance of grant award to Emergency Management from N.C. 85 . Department of Crime Control & Public Safety, Division of Emergency Management and approval of budget amendment .. ~ #99-0096 4. Acceptance of grand award to Emergency Management from N.C. 87 _ Department of Crime Control & Public Safety-Division of Emergency Management and approval of budget amendment #99-0095 - 5. Acceptance of 1998-99 EEOC grant and associated budget amendment 89 #99-101 - 6. Approval of contract #99-0274 with Wally's Fire & Safety, Inc. for two 91 thermal imaging systems for Fire Services 7. Approval. of grant application -Hispanic Prenatal Project -Partnership 93 For Children 1999-2000 Smart Start Funding $12,500 8: Approval of Grant Application Preventing HIV Effectively (PHIVE) 105 ~~ A Funding Proposal for Kate B. Reynolds Charitable Trust Health Care Division 9. Approval of Grant Application Intensive Home Visiting Program (IHVP) 111 Partnership for Children 1999-200 Smart Start Funding $100,000 10. Approval of HUD Disaster Recovery Initiative program -Capital Project X125 Ordinance; grant agreement 11. Approval of Budget Transfer for Hugh MacRae Nature Trail ~ 133 12. Approval of Resolution: Request NCDOT to add Seaspray Drive and 135 . _ Station Road Extension to the State Highway System . ,~ 13. Approval of Budget Amendments: 13.1 #99-29 Courthouse Renovation Capital Project/Commissioners/Non-Dept. 137 13.2 #99-0094 District Attorney-Domestic Violence Unit 13.3 #99-0097 Hurricane Bonnie Revenues 13.4 #99-0106 Human Service Transportation 13.5 #99-0108 Health/Vector Control 13.6 #99-0109 Health/Various Title XIX reimbursements 14. Approval of request for reimbursement: Carolina Beach Erosion Repair NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~. Meeting Dater 03108!99 Regular Item #: 1 Estimated Time: Page Number. Department: County Manager -Presenter: -Dave Weaver Contact: Dave Weaver SUBJECT: ~. Consideration of Resolution to Request that the State Develop Water Quality, Regulations on .Users Other than Coastal Development BRIEF SUMMARY: . The Board should consider adopting the attached resolution requesting the State to require water quality ` regulations on all users impacting coastal water quality. The State's present focus for protecting coastal water quality has been on the regulation of coastal development. It is becoming apparent, .however, that much of the pollutants affecting our ~Stuarine waters come from agriculture, forestry, and development 'inland from the coast. . The instigation for the proposed resolution co es from resolutions by Pasquotank, Hyde, Washin ton, 9 ' and Currituck Counties, also attached. `, .. RECOMMENDED MOTION AND REQUESTED ACTIONS:- Recommend the Board of Commissioners adopt the attached resolution. " FUNDING SOURCE: ATTACHMENTS: Resolution from Currituck County WPWin 6.1 .. .REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A . COUNTY MANAGER'S COMMENTS AND RECO MENDATIONS: A Consider adoption of the attached resoluti - " COMMISSIONERS' ACTIONS/COMMENTS: ,, ~- - ' ~ ;COUNT!' CO~ItUIISS'} APr ROVCD Crci POSTPOiVED ~! =NEAR!? ~ . IiJ~ATE 3~ g ~_ RESQLUTION `J OF THE NEW HANOVER COUNTY BOARD OF.COMNIISSIONERS WHEREAS, the N. C. Coastal Resource Commission has prepared new rules and more stringent restrictions on building. in the coastal area: WHEREAS, these rules would further~restrict what can be built on waterfront ProPem'• WHEREAS,, New Hanover County..fu-rnly believes in and supports efforts to improve estuarine water quality is a balanced process; WHEREAS, much of the .pollution that has damaged estuarine water.. quality has come from agriculture, forestry, and land development well inland from the coast. WHEREAS, the Stater is not making balanced or .adequate efforts to control pollution coming from the above sources. NOW, THEREFORE, be it resolved by the New Hanover County Board of Commissioners that the State delay further action on the proposed new estuarine shoreline regulations until the State firmly commits to addressing presently unregulated major sources of estuarine pollution. The State should also work closely local government in developing new regulations. Adopted March 8, 1999. ATTEST: Bill Caster, Chairman Board of Commissioners. New Hanover County ~ - a" _ ::Lucie Haxrell;~C~lerk to the Board ~: <[ - J 2 ~ ,: ~ ~~: ~;"~. r ,; ~~_°A _„, i ~ ' ", ~ ++qq$$ .~.. -.i -. ,... ,=~' ~. xaxoa,.4~ ~~ . ~v~ ~~ ieTo COUNTY OF CURRITUCK RESOLUTION WHEREAS, the Coastal Resources Commission has proposed new rules and more stringent restrictions on building in the Coastal areas; and WHEREAS, these rules would further. restrict whit can bP built on waterfront property; and WHEREAS, most of the pollution that has damaged waterways in coastal areas has come from wastewater and runoff generated upriver, miles west of the coast; and WHEREAS, the Currituck County Board of Commissioners feels that the Coastal Resources Commission is not making any efforts to control or restrict development west of the coastal area where some of this pollution. begins. . NOW, THEREFORE BE IT RESOLVED, that the Currituck County Board of Commissioners requests that there be a freeze on all Coastal Resources Commission regulations as they currently exist until upstream pollution issues that impact coastal counties are addressed. FURTHER BE IT RESOLVED, the Currituck County Board of Commissioners requests that a copy of this resolution be forwarded to all of the Coastal Counties requesting their support for a similar resolution. " ADOPTED.on the 4th day of January, 1999, and copies to be forwarded to Governor Jim Hunt, Coastal Resources Commission Members, Senator Marc Basnight and Representative Bill Owens. ATTEST: ~~~ ,(/ ne A. Gregor _ .._.... . /V Chairman wen H. Tatem, CMC -;~ ~_,- lerk to the Board " ~~, ~=~ (CM:Res99:CRC:RES99) ._. r < ;.: • ~ _ ,i _ ,. COMhIISSIONERS: JIMMIE DIXON, CHAIRMAN HUGH W. CLINKSCALES. VICE-CHAIRMAY HORACE C. PRITCHARD. SR. W.C. WITHERSPOON LEVM B.CULPEPPER SAMUEL S. DAVIS III MATT WOOD A d ~` ,u, J ~ < z s `7 ~~ G~~ COUNTY OF PASQUOTANK RANDY KEATON COUNTY MANAGER DONALD t. McAEE. IR COUNTY ATT-0R~EV KAREN JENNI~ CLERK TOTHEI - ~~ \_~ RESOLUTION REGARDING PROPOSED COASTAL RESOURCES COMMISSION REGULATIONS WHEREAS, the Coastal Resources Conunission has proposed new rules and more stringent restrictions on building in the coastal areas; and WfiEREAS, these rules would further restrict what can be built on waterfront property; and WHEREAS,- most of the pollution that has damaged waterways in coastal areas has come from wastewater and runoff generated upriver, miles west of the coast; and WHEREAS, the Pasquotank County Board .of Commissioners feels that the Coastal Resources Commission is not making any efforts to control or restrict development west of the coastal area where some of this pollution begins; and' WHEREAS, the North Carolina Association of County Commissioners has voted to oppose the proposed regulations as one of its legislative goals for 1999. NOW, THEREFORE BE IT RESOLVED, that the Pasquotank County Board of Commissioners requests that there be a freeze on all Coastal Resources Commission regulations as they currently exist until upstream pollution. issues that impact coastal counties are addressed. FURTHER BE IT RESOLVED, the Pasquotank County Board of Commissioners requests that a copy of this resolution be forwarded to all of the coastal counties requesting their support for a similar resolution, and to Governor Jim Hunt, Coastal Resources Commission Members., Senator Marc Basnight, and Representative Bill Owens. p,DOPTED on the_lst day of February, 1999. ATTEST: 4 ~_ Clerk to the Bo d COUNTY OF HYDE SWAN QUARTER, NORTH CAROLINA 27885. Office, -Board of Commissioners ~ = ••~] Troy Lane Mayo, Currituck a ~:~ / Barbara O. Deese, Fairfield v"L.%f Willie E. Gibbs, fake Landing •<<,,,,,,, Wayne Teeter, Ocracoke / 7 ~ 2 D. Scott Coble, Swan Quarter RESOLUTION COASTAL RESOURCES COMMISSION PROPOSED RULE CHANGES WHEREAS, the Coastal Resources Commission has proposed new rules and more stringent restrictions on building in the coastal areas; and WHEREAS, these rules would further restrict what can be built on waterfront property; and WHEREAS, the Hyde County Board of Commissioners feel that the current rules of the Coastal.Resources Comiission are adequately protecting water quality; and WHEREAS, Hyde County is already facing enough rules and regulations in our efforts to promote growth and ensure our counties future. NOW, THEREFORE BE IT RESOLVED, that the Hyde County Board of commissioners are concerned about water quality but are opposed to the more stringent rules and regulations as proposed by the Coastal Resources Commission. Adopted this the 151 day of February 1999. Attest: Linda M. Basnight, Clerk t~ he Board 0~~~~~~ D. Scott Coble, Chairman ~ 5 COUNTY OF HYDE SWAN QUARTER, NORTH CAROLINA 27885 Office, Board of Commissioners Troy Lane Mayo, Currituck Barbara O. Deese, Fairfield Willie E.' Gibbs, Lake Landing Wayne Teeter, Ocracoke D. Scott Coble, Swan Quarter RESOLUTION `~uNTY ~ S C~ ~ ~'~' /712 WHEREAS, tl~e Coastal Resources Commission has proposed new rules and more stringent restrictions on building in the coastal areas; and WHEREAS, these rules would further restrict what can be built on waterfront property; and WHEREAS; most of the pollution that has damaged waterways in Coastal areas has come from wastewater and runoff generated upriver, miles west of the coast; and WHEREAS, the Hyde County Board of Commissioners feels that the Coastal Resources Commission is not making any efforts to control or restrict development west of the coastal area where some of this pollution begins. NOW, THEREFORE BE 1T RESOLVED, that the Hyde County Board of Commissioners requests that there be a freeze on all Coastal Resources Commission regulations as they currently exist until upstream pollution issues that impact coastal counties are addressed. FURTHER BE 1T RESOLVED, the Hyde County Board of Commissioners requests that a copy of this resolution be forwarded to all of the Coastal Counties requesting their support for a similar resolution. ADOPTED on the IS` day of February 1999 and copies to be forwarded to Governor Jim Hunt, Coastal Resources Commission Me rs, nator Marc B might and Representative Zeno Edwards. v~~Y D. Scott Coble, Chairman ATTEST: ~i.0 ~ . ~~~f~iQ/ILc Lin a M. Basnight, Clerk t he Board 6 RESOLUTION OPPOSING THE COASTAL RESOURCES COMMISSION'S PROPOSED ESTUARINE SHORELINE REGULATIONS CHANGES WHEREAS, the County of Washington has gone to great lengths to develop a low density residential community through proper planning and zoning that ensures that development does not significantly impact the water quality of the County; and WHEREAS, the County believes that the current CAMA regulations are adequate in protecting the adjacent waters of the County; and WHEREAS, the County believes in protecting water quality, it also believes that a lot of water quality problems are created from development outside the Division of Coastal Management's jurisdiction; and WHEREAS, waterfront development and tourism are important commodities of the County and eastern North Carolina, and the proposed regulations would make this form of development difficult; and WHEREAS, the proposed regulations, without total grandfathering, would severely limit the ability of individuals to develop their property and may constitute a "taking"; and • WHEREAS, the blanket regulations proposed by the Coastal Resource Commission are not suitable for all shorelines; and WHEREAS, the Division Office in Elizabeth City and our Local Permit Officers are already overburdened with permit requests and the enforcement of existing regulations and no additional staff has been proposed; and WHEREAS, the County of Washington and other affected jurisdictions have had virtually no input into the drafting of the proposed rule changes. NOW, THEREFORE, BE IT RESOLVED by the Washington County Board of Commissioners that the County of Washington opposes t}~e proposed expansion of the Estuarine Area of Environmental Concern, tl~e proposed implementation of a fifteen percent (15%) lot coverage maximum, the proposed requirement of a seventy five-foot (75') buffer adjacent to all estuarine water bodies, and the proposed regulations that restrict the use of wooden bulkheads in the Estuarine Area of Environmental Concern; and BE IT FURTHER RESOLVED, that the County of Washington urges tl~e Coastal Resources Commission to concentrate its efforts on enforcing the existing regulations; and BE IT FURTHER RESOLVED, that the CRC should suspend further action to implement these changes until each affected jurisdiction has had due time to respond in . addition to the scheduled public hearings. Adopted this 1st day of February, 1999, by unanimous vote of the Washington County Board of Commissioners.. O~ COA~rTjso ~ ~ ~-~ , f~ Ernest Burden, Chairman .. ;,~~ ~-- ~, ~ N ~ ~ ~~~'~~ 9~ ~ • $C~ ~ ~ ~, L 's C. Askew, CMC CTON CO~~ ~ Clerk to the Board 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 2 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Consideration of Resolution Supporting Consolidation of New Hanover County and City of Wilmington Governments. BRIEF SUMMARY: The Commissioners instructed staff to prepare a resolution supporting consolidation. While the County can adopt this resolution, the General Statutes require concurrent resolutions of the two governing bodies to establish a governmental study commission. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider adoption of resolution. FUNDING SOURCE: • ATTACHMENTS: ConsolidationSupportResolution3- REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider approval of the "Consolidation Resolution." COMMISSIONERS' ACTIONS/COMMENTS: {COUMY' COMNlISSION~tS AP. PROVED !L~" :REJECTED ,0 'REM01fED~ O~ POSTPONED O! HEARD' D ~ ~' ~` ~. `1 DATE ~3/8~9~,. ~..~''-=''~ ~ a~r~ 9 A RESOLUTION OF THE , NEW HANOVER COUNTY BOARD OF COMMISSIONERS SUPPORTING THE CONSOLIDATION OF THE NEW HANOVER COUNTY AND CITY OF WILMINGTON GOVERNMENTS WHEREAS, New Hanover County recognizes that we are members of one community but are constrained by the inefficiencies of multiple governments, and WHEREAS, New Hanover County is one of the smallest but most densely populated counties in North Carolina; and WHEREAS, the New Hanover County Board of Commissioners supports consolidation of the governments of New Hanover County and. the City of Wilmington in order to provide for more efficiency and effectiveness in meeting the continuing and growing demands for urban level services; and WHEREAS, Article 20 of Chapter 153A of the North Carolina General Statutes authorizes. counties and cities to adopt concurrent resolutions to establish a governmental study commission to study the consolidation of a county and city; and WHEREAS, the New Hanover County Board of Commissioners continues to support consolidation of the New Hanover County and City of Wilmington governments, NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS THAT: The New Hanover County Board of Commissioners supports consolidation of the New Hanover County and City of Wilmington governments, and requests the City of Wilmington to join New Hanover County in the adoption of concurrent resolutions to establish a governmental study commission to: a) Study the powers, duties, functions, responsibilities, and organizational structures of New Hanover County and the City of Wilmington, and to prepare a report of its studies and findings; b) Prepare a plan for consolidating into a single government New Hanover County and the City of Wilmington; c) To prepare drafts of a charter for the consolidated government and any legislation necessary to effect the plan of government consolidation; and d) To call for a referendum, as provided in G.S. 153A-405, on the plan of government consolidation. Adopted this the 8"' day of March, 1999. NEW HANOVER COUNTY [SEAL] Q ~ t : -~~ ~~,~t William A. Caster, Chairman 4 ~~= ~ Board of County Commissioners ATTEST: ~~ '~~'`~~'~'°~` ~'~~s ~ y~ ~~~ y' ~~~~~~ ~,.. Clefk~-to the Board,_ h ~'""" NEW HANOVER COUNTY BOARD OF COMMISSIONERS • REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 3 Estimated Time: Page Number: Department: Legal Presenter: William A. Caster, Chairman Contact: Wanda M. Copley, County Attorney and Bruce Shell, Finance Director b SUBJECT: Funding for Ports, Waterways and Beach Commission. BRIEF SUMMARY: The Ports, Waterways and Beach Commission has requested that it receive additional funds to further its activities in advocating for funding from the Legislature and Congress for county projects. The Finance Director recommends that the funding come from the General Fund. The Commission currently received $1,350 from the General Fund. An additional $5,000 should be provided to help cover their costs. There has been some discussion as to whether it can come from the Room Occupancy Tax Fund. A copy of the act that addresses the fund's permitted purposes is attached for your information. RECOMMENDED MOTION AND REQUESTED ACTIONS: Board should consider whether to increase the funding by $5,000 for the Commission and if so from what • fund. Please note that this commission deals with issues concerning the Port and the County's waterways, in addition to just beach renourishment. Budget amendment #99-0110 fora $5,000 transfer from the General Fund contingency account is attached for your approval. FUNDING SOURCE: • ATTACHMENTS: r BA#99-0110.w REVIEWED BY: LEGAL: Approve .FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider approval of adding $5,000 from the general fund to the Ports, Waterways and Beach Commission account. COMMISSIONERS' ACTIONS/COMMENTS: 1.r1/~ liOtYllYtiWi; APPROVEDa '~'~~`.-u `` REJECTED~~t,p ~~~* ;;, ` REMOVED ~; p ...'., ~~; 1 PaSTP~N~D.O~ _ `` "~" ?HEARD Q `' 'DATE _ .3' _ $ _~ ~ ~~ ~'G,- 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Regular Agenda Item # 5 DEPARTMENT: Non-Departmental/Outside Agencies/Physical and Economic Development BUDGET AMENDMENT #: 99-0110 ADJUSTMENT DEBIT CREDIT Non-Departmental: Contingencies Outside Agencies/Physical 8~ Economic Development: Port, Waterway 8~ Beach Commission $5,000 $5,000 EXPLANATION: To transfer funds from Contingencies to the Port, Waterway and Beach Commission for advocacy work with Congress and Legislators on County projects. With approval of this budget amendment, the remaining balance in the Contingency account will be $209,306. APPROVAL STATUS: To be approved by Board Of Commissioners OOUiVTY ~COMMPS~101~ ,~ A~P,P~ov~la cf ~~ECt`"°"~i REM®VEf? ~;:.~~~;~~;%~ ~ HEARD ~ C'- }~~- 12 3~~~f~q ~~ ?ATE ~..~ -.:~. ~^-~ ~~. ,~ >-~: - - . , _.... -; SPECIAL ACTS § (360) • • Iiii>+iiS;t. ,,5t;~i>i;:n> >;>;ic; -yriK:StQtth3?"d;ui,>;:>»i,!>t;>. the tax, collect the two (2) percent room occupancy tax provided by this part [division]. This tax shall be collected as part of the charge for the furnish- ing of any taxable accommodations. The tax shall be stated and charged separately from the sales records, and shall be paid by the purchaser to the operator of the business as trustee for and on account of New Hanover County. It is the intent of this part (division] that the room occupancy tax levied by New Hanover County shall be added to the sales price and that the tax shall be passed on to the purchaser instead of the being borne by the operator of the business. The county shall design, print, and furnish to all appropriate businesses in the county the necessary forms for filing returns and instructions to ensure the full collec- tion of the tax. (Session Laws 1983, c. 908, § 34) Sec. (360]. Disposition of taxes collected. (a) New Hanover County shall, on a quarterly basis, distribute the net proceeds of the occupancy tax to the county and its munic- ipalities in accordance with the method by which the one (1) percent local sales and use taxes levied in the county pursuant to article 39 of chapter 105 of the General Statutes are distributed. "Net proceeds" means gross proceeds less the cost to the county of administering and collecting the tax. (b) All revenue received by New Hanover County or its municipalities from the room occupancy tax shall be used as follows: ~~ (1) Seventy-five (~ percent of the revenue shall be used to control beac rosion; and O (2) Twenty-five ( ,percent of the revenue shall be used to promote tray 1 and tourism, except that none of this rev- enue may be used to plan, construct, operate, maintain, or in any way promote a civic center, convention center, public auditorium, or like facility. The purposes for which revenue from the room occupancy tax may be used by the county and its municipalities may be changed only by resolution of the New Hanover Board of County Commis- Supp. No. 17 33 13 :;,,.. . -,; ~~- 4 (360] NEW HANOVER.COUNTY CODE sinners after being approved by a majority of the votes cast in an election held in New Hanover County on the question of how revenue from the room occupancy tax should be used. The ballot presented to the qualified voters of the county in an election concerning the use of revenue from the room occupancy tax shall state all the proposed uses of this, revenue and the percentage of the revenue to be used for each purpose. Any change in use of revenue from the room occupancy tax made by the county com- missioners after-voter approval may likewise be changed only by resolution of the county commissioners after being approved by the voters in another election. The question of how revenue from the room occupancy tax should be spent may be submitted to the qualified voters of the count}~ ' only in a statewide general election. All elections under this sec- tion shall be conducted in accordance with the laws then gov- erning elections in this state..(Session Laws 1983, c. 908, § 35; Session Laws 1985, c. 971, § § 2, 3) Sec. (361]. Repeal of levy. ' (a) The board of commissioners may by resolution repeal the levy of the room occupancy tax in New Hanover County, but no - repeal of taxes levied under this part (division) shall be effective until the end of the fiscal year in which the repeal resolution was adopted. (b) No liability for any tax levied under this part [division) that attached prior to the date on which a levy is repealed is discharged as a result of the repeal, and no right to a refund of a >;>,>,~:;aa<?:>:>;>>>?>;;;>;::;:;;;:~.:;.;::>:?K;;f~;h~s;~r;::,:.:.:,>.:.::.,;>, -tax that accrued prior to the effective date on which a levy is repealed may be denied as a result of the repeal. (Session Laws 1983, c. 908, § 36) Sec. (362.] Additional tax. In addition to the tax authorized by sections 31 and 32 [356 and 357) of this part [division], the New Hanover County Board of Commissioners may levy a room occupancy and tourism develop- ment tax of one (1)'pei•cent of the gross receipts derived from the rental of accommodations taxable under those sections. The levy, collection, administration, and repeal of the tax authorized by Supp No. 17 34 14 ~' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 4 ~ Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Consideration of Request to NCDOT to Reduce the Speed Limit on Airlie Road BRIEF SUMMARY: Dr. Bruce Williams, Director of the Cooperative Extension Service and of Airlie Gardens, has requested that the Board investigate reduction of the 45 mph speed limit on Airlie Road, as indicated by the attached letter. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County could seek cooperation from the State DOT and the City of Wilmington in reducing the speed limit and installing speed control measures, e.g. speed bumps and lane narrowing devices, such as ornamental posts. FUNDING SOURCE: ATTACHMENTS: Letter REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend the Co ommissioners request a speed reduction on Airlie Road from NCDOT and City of Wilmington. COMMISSIONER ' A IONS/COMMENTS: COUNTY ~0~9~~i®~i~~ APPR[~V~D 1~'V-, REJECTED REI`J10VED POSTRONEQ ~; HEAR© ~: DATE ~~.g/q ~6We. 1..)N-G`~ C.Occ) ~ ~~Ofi 15 North Carolina Cooperative Extension ServicE 16 MEMORANDUM 1 February 1999 To: Allen O'Neal From: C. Bruce Williams, P .I7 Re: Speed Limit on Airlie Road College of Agricuhure and Life Sciences \ J New Hanover County Center North Carolina Cooperative Extension Sere College of Agriculture and Life Sciences 6206 Oleander Drive Wilmington, NC 28403 (910) 452-6393 r I request that the County Commissioners consider reducing the speed limit on Airlie Road. The current speed limit for the azea in front of Airlie Gazdens is 45 mph creating a dangerous situation for motorists and pedestrians. Spring traffic into and exiting from Airle Gardens will worsen the traffic safety issue. Thanks for your help with this matter. cc: Dave Weaver !~,..,.~».~,,.n`3~F..~w,~w!wtr~`} tll~~.~v~:l ~~1EUfJ1i~`tnk ~y~~y ~~7+ +~y-s'~~ayp ~ ~~~~ f,,,n R:::.~....:x.....~..~....-:---- -~~ ~, Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.• North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating. ~• ; .~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 5 . Estimated Time: Page Number: Department: County Manager Presenter: Andrew J. Atkinson Contact: Andrew J. Atkinson SUBJECT: Present high bid from auction of two acres off Military Cutoff Road to Board of Commissioners for consideration. BRIEF SUMMARY: An auction was held on February 22, 1999 to sell two acres off Military Cutoff Road owned by the County. Four bidders participated in the auction. The bidders were: Earl M. Worsley, Jr. of Worsley Real Estate Company Jon T. Vincent of Gulf, Worsley & Cooper Properties, LLC David Swain of Swain & Associates Frank Incerto of Frank Incerto Real Estate The highest bid in the amount of $350,000.00 was received from Frank Incerto. An in-house appraisal ' was conducted by the County Tax Department resulting in a total valuation of $400,000.00. Staff is presenting two options to the Board for consideration: Incerto. 1. Reject the bid received and authorize the staff to return the 5% bid deposit to the Frank 2. Accept the bid with the sale being contingent on the following items: a. sale is contingent upon conduction of Phase I Environmental Study b. state CAMA or Corps of Engineers to conduct wetland evaluation c: soil boring to be completed d. all costs for testing detailed in 2.a, 2.b, or 2.c to be borne by the bidder e. closing for the sale will be April 8, 1999 ' f. County to provide book and page number of the Registry containing survey RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners accept bid with the six contingencies or reject bid. The Board may wish to seriously consider rejecti bid and re-advertising the sale of the property with the hopes that a higher price will be offere FUNDING SOURCE: *,. o` .. n1~.t,~~~~~.;., Funds from the sale of the property to be record in account 322-611-851,5.60TfJob#N~ELIB02'0~ APPROVED ~C' ATTACHMENTS: REJECTED n/~'d.s 17 REMOVED POSTi?ON~O 0. HEARD ,~ ' ®ATE 3~ g /~~ =:~~~ REVIEWED BY: LEGAL: ,FINANCE: Approve BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: i ~ ~ ' ~Y: K ~~ ~~ ~v~. ~ 18 t .~r ~ ~~ .: : . ~~ ~~ ~a . ~~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 6.1 Estimated Time: Page Number: Department: Planning Presenter: Contact: Dexter Hayes/Pete Avery SUBJECT: Special Use Permit, Revision (S-336, 9191; Revision 1,2/98) BRIEF SUMMARY: Request by Lonnie Williams Jr. for John Coble to permit an approximately 6000 square foot addition and expansion of activities at Trails End Restaurant. The site is zoned R-15 and located at the eastern terminus of Trails End Road. (S-3336, 9/91: Revision 12/98) RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommends denial. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ®~ ~~M{ . APPRaVED p REJECTEIJ REMOVED [~ ~' POSTPQNED C~ ~ (~ ~ . HEARD rj ..! TF ~3~8/9 ~h~d ed ~ P~~' n;~ 5 [x~, ITEM 1 Special Use Permit, Recision- Request by Lonnie Williams, Jr. on behalf John and Carole Coble, owners of Trails End Restaurant to enlarge the Facility. (5-336, 9/91; Revision 12/98) Planning Board Summary After listening to a host of speakers and after considering the issues, the Board voted unanimously to recommend denial of the petition as submitted. In reaching that decision, the Board determined the expansion of the restaurant would be inconsistent with the scope and scale of the neighborhood. In an attempt to placate the opposition, the Board suggested the applicant reduce the size of the expansion and meet with neighbors to see if other compromises could be worked out. That was rejected by the petitioner. Those speaking in opposition to the request offered a variety of reasons for their displeasure: concerns with potentially large increases in traffic on a local residential street; traffic safety; the expansion being out of character and scale with the neighborhood; decline in property values; the loss of privacy; and whether the expansion especially the proposed catering business was consistent with the spirit and intent of the Zoning Ordinance for "historic restaurants" as defined. NOTE: The existing facility, now classified as an "historic restaurant" according to the Zoning Ordinance, was authorized by special use permit in December 1991. Prior to that time, the restaurant had operated as anon-conforming use in an R-15 Residential District. The special use permit was established by text amendment in October 1991. At the`time, the restaurant was considering expansion, but due to its nonconforming status, the Zoning Ordinance prohibited it. To address the problem, the owrier petitioned the County to classify the facility as a "historic restaurant" in the R-15 District, subject to a special use permit. The amendment was adopted and subsequently the owner was granted a special use permit to construct an addition to the existing building. That added about 728 square feet to the restaurant, which was about 3400+ square feet. In the latest petition, the owner again seeks to expand the restaurant. Expansion includes the construction of a 6,000+ square foot addition on the north side of the existing facility for a total of 10, 318 square feet. To accommodate this expansion and to comply with setbacks, the owner has purchased the property to the north. That lot is nearly identical in dimension to the parcel where the existing restaurant is located.. .Preliminary Staff Findings 1. ThezBoard,must find that the use will not materially endanger the public health or i'~ "~'~~1ftf~' ~~~(~~ safety=if-located~where,:proposed and developed according to the plan as submitted and approved. ~ ~"~""~w~ ~:3 ' e~~~~'~~ A. ~ The ex~sting,restaurant has operated at the current location since before adoption of ~ u ~~ ~,„,,„.w~:..~.Jd:b.F zoning fo~r~the..area-.Zoning was adopted in 1969.A special use permit was granted the 2 O facility ~n D`ecernber~1991. It eliminated the nonconforming status of the existing building _~ .. and authorized expansion. There were no findings in the 1991 hearing suggesting the facility would endanger the public health or safety B. The site has adequate water and sewer service. C. The site.is located iri-the Myrtle GroveVFD District. D. The site has access to Trails End Road, a state maintained road. E. The planned expansion would be to the north of the existing building, thus new construction would not be any closer to the waterway than the current building footprint. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan pursuant to the Zoning Ordinance has been submitted. B. Except for the setback standards applicable to the underlying R-15 Residential District, no special design regulations apply. C. Historic restaurants are permitted by special use. permit in the R-15 District. The site is zoned R-15. D. A CAMA permit will be required. The amount of impervious surface is unknown, but the applicant will be expected to limit total coverage to 25% because the site is adjacent to an estuarine area classified ORW(Outstanding Resource Water). E. In the 1991 approval, it was determined that adequate off-street parking was available to service the facility. Inclusion of the parcel to the north provides additional area for parking. The required number of spaces is based on a ratio of seating and employees. 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. Residential uses are located in the area, primarily to the south and west. Land to the north is zoned I-1 Light Industrial and is occupied by Masonboro Boat Yard, amid-sized commercial marina. B. There was no evidence presented at the 1991 hearing that the restaurant affected nearby property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County. A. The expansion will increase the size of the restaurant by about 139 percent. B. The facility already generates levels of noise, lighting .and traffic not customarily associated with a residential setting: Expansion of the restaurant will increase those impacts, but the extent it is disruptive to the area is not known. Issues and Concerns The County should make sure that impervious surfaces are limited to minimize impacts on adjacent sensitive waters. - The parking area should be clearly marked by wheel stops. This was a condition of the original special use permit. • 21 - Lighting should be directional and lower wattage to protect nearby residential uses. - Site identification signs should be limited to the existing wall mounted signs. Do not r allow free standing signs. - Nearby properties have been re-developed with new residential units. - Proposed expansion will increase traffic on the residential street. - Majority of property is located in floodplain. , How large should a commercial operation be allowed to expand in a predominantly residential area and is the scale of the expansion still compatible with the neighborhood? Note: The site plan has been revised to include a circular drive around the building and updated the location of protected specimen trees. No other'changes are indicated. 22 PETITION SUN1t~1~RY SHEET mb r• 5-336, 9/91; Revision 10/98 Petition Nu g . Owner John Coble Representative: Lonnie Williams, J • Re uest• Expand restaurant Acreage: l+ q 7100 Trails End " Tax ID Number: ~ Location: LAND USE, ZONING, UTILITIES and SERVICES ". P.esource Protection & Conservation • Land Classification: Existing Land Use• Restaurant and residential ~tr„~t-,,,- P Zoning History• .' Area originally 7nnar3 10/15/69 SUP for existing . restaurant grantee.10f91. . Water T community Sewer Type• county yp~: - -' Winter Park Hugh Fire District: Re~cresition: McRAe Park . Trails End Ra. yolume• rt,;k„~ ~ui Rostd Access: t• Roe h ol Di i S t c r c o s MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Masonboro Sound ( SA) ` outside Prima.r~~ ~~~ '~eeend if h A A R a~•-~-f~~e~----~- arge rea: qu er ec Adjacent to waterway C i R esources: onservat on ` None; restaurant classified by - Historic Landmarks and Archeological Sites• by zoning ordinance a s'"historic". Soil T e s and Class: N/~ ~ ) yP ' N/A County sewer Se tic Tank Suitstbility: - p ' ltural Soils: ' None . ~ Prime A ric g µ Few limits Building Suitability: ~ . _ - 23 ~v~rl dry , o~~$ MARSHALL, WZLLI~MS 8C GORIiAM, L.L.P. , i ` ATTORNEYS AT LAW ALAN A. MARSHALL (1908-i979> W~LMI-DTGTO~T, \ORTFI CAROLI2~A MAILING ADDRESS LONNIE B. WILLIAMS ~ - ~ - ~ - ~ ~ ~ ~ P. O.DRAWER 2088 A.DUMAY GORHAM, JR. ~ WILMINGTON, N. C. JERRY C. WOODELL ~ _ ._ .. 28'402'2088 WILLIAM ROBERT CHERRY, JR. ~ - RONALD H. WOODRUFF T~7 A rT A T771 T~r 7i~L'D V . Y L!1 Illil ~'LJ l/ 1.l Y lilt l . TELEPHONE (910) 763-9891 LONNIE B. WILLIAMS, JR. August 12 1998 FACSIMILE (910) 343=8604 , JOHN O. MARTIN CHARLES D. METER ~ OFFICES JOHN L. COBLE 14 SOUTH FIFTH STREET New Hanover County Planning Department WILMINGTON, N. C. 28401-4539 414 Chestnut Street, Room 304 ` - Wilmington, North Carolina 28401 ATTENTION: Mr. Walter Avery, Jr.-Senior Planner REFERENCE: Petition to Amend Special Use Permit Petitioner: John M. Coble and wife, Carole B. Coble Permit Application No.: S-336 Date of Order Granting Permit: December 2, 1991 Our File No.: 010379 Dear Pete: .. - On behalf of our clients, John M. Coble and wife, Carole B. Coble, we hereby petition for an amendment to the above-referenced special use permit to encompass adjacent property. As you know, the County Commissioners voted on December 2,.1991, to approve a petition for a special use permit qualifying the Cobles' property as an historic restaurant and permitting that particular usage in the R-15 Zone. Since that time, the Cobles have acquired. the. adjacent tract known as "Goldenrod". At this time, they kindly request that the existing special use permit be amended so as to encompass the Goldenrod tract as well as their curreni site known as ~ "Trails End"..They also request approval of a proposed site plan for expansion of their facilities on the adjacent property. In connection with this matter, we enclose the following items: (1) Copy of Order Granting Special Use Permit under Application 5-336 (copy); - (2) Current surveys of "Trails End" and "Goldenrod" tracts (.10 copies); and, (3) Proposed site plan (10 copies). . .. Please review these items and iet us know of ary further documentation or fees you may need before proceeding. We ask that this matter be placed on the agenda of the 24 O f - The New Hanover County Planning Department '~ August 12, 1998 _, Page 2 { next available meeting of the ivew Hanover County Planning Board. Please notify us of the day anti time of that particular meeting so that our clients may be in attendance. Again, please let us know of any further items you may need in order to process this application. Thank you very much for your kind cooperation and assistance in this matter. Sincerely, MARSHALL, WILLIAMS & GORHAM, LLP Lonnie .Williams, Jr. LB Wj r/dw _ cc: Mr. and Mrs: John M. Coble Post Office Box 4930 Wrightsville Beach, NC 28480 ' , 25 ,~ STATE OF NORTH CAROLINA - COUNTY OF NEW HANOVER - `ORDER.GRANTING A SPECIAL USE PERMIT `DINING ROOM ADDITION TO HISTORIC RESTAURANT The County Commissioners for New Hanover County having held a .public; hearing on December 2, 1991 to consider ,application .number S-336, 9/91 submitted by John and Carole Coble, a request for a Special Use Permit to use the property located at the eastern terminus of Trails End 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 forth ~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- 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. In support of this conclusion, the Commissioners make .the following FINDINGS OF FACT: A. The site is currently occupied by a. "historic" restaurant f acility. This business caters to diners and serves alcoholic beverages. - B. The site is located within the Myrtle Grove VFD District. C. The existing use and any approved expansions to it would have access to Trails End Road. The expansion would ~~generate a minimal amount of traffic on a dead-end residential street. 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 ordinance was amended October 7, 1991 creating and defining "historic restaurant" and establishing the use as a Special Permit in the R-15 District. There are no_ special conditions listed in the zoning ordinance for establishing this use. 2 6 B. Other general conditions applicable to restaurant. facilities, include: off-street parking, handicap access, setbacks, landscaping and buffering and Coastal Area Management Act Regulations: 1) The existing building and proposed addition meet the ' side and rear setback requirements of the R-15 Residential District. The current sideyard setback for. the north side of the building is 28.41 feet. It is 14.8 feet on the south side. Other non-conforming outbuldings are also located on the property. It would be difficult to apply setback standards .based on building height. given the building's current location on the site. The maximum building height in the R-15 District is 35 feet. Neither the existing building or the addition exceeds that limit. 2) The current facility encompasses 3416+ square feet. The addition would add approximately 728.,5+ square feet. The facility consists of a lounge, dining room, kitchen, waiters' station and hostess area. This addition would increase the floor area by 210. 3) The restaurant has a seating capacity of 90 and the addition would :increase the number of seats to 110. The largest number of employees on any given shift is 11. Applying current standards would mean the . re=taurant- would need a minimum of 41 parking spaces (1' spaces per 3 seats and 1 space per two employees). Ample parking is available on the site. 4) This site lies within an area of "Environmental Concern". It is immediately adjacent to Masonboro Sound,.which is classified "Outstanding Resource Waters." The elimination of an internal marl-covered drive not considered essential for internal circulation on the site will allow the impervious surface coverage to remain at its present level and in compliance with CAMA guidelines. 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 FINnINGS OF FACT: A.~ The existing facility was located on the- site prior to the adoption of zoning for. the area. Zoning was established in 1969. • B. A minimal amount of traffic, lightin and noise wou~ g, be generated in the later evening hours. ~. 5. It is the,- County Commissioners' CONCLUSION that the proposed use does satisfy the fourth .general requirement listed in the Ordinance; namely that the location and character of the use if developed :according~to the plan as submitted and approved will be ih~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. Masonboro Boatyard and Marina is located 100 feet to the north. It is-zoned I=1.Light Industrial. B. Properties along Trails. End. Road are developed with a mixture of housing types'(mobile homes, single-family and attached dwellings). C. A minimal amount of noise, lighting, and traffic can be anticipated as a result of-the expansion. 6. Therefore, because the County Commissioners 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 with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated.. ~ - B. If any of the conditions imposed by this special use permit 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. 28 C. Other: 1) Site plan as submitted 2) All other Federal, ~ State and local laws applicable. Ordered this 2nd day of December;~~1991. p~DyER CpVyr ~ ~; ~ ,.., y~-, ? a ~ ` E ."L . Mathews , Jr J, Chairman Attest: ~ .' _ ~ic~ ~~~~-u - i Clerk to the Board ,,, Ja~~ l~ lyyy i1~UlPM h1AR5NALLWILLIAMJ~UKt1AMylU~4s~6U4 ~~n.a3bU F'~ TRAILS END EXPANSION Requested Information r , • Present Proposed Total number of employees 25 32 ` (including all part-time employees) Full staff of employees 14 18 (maximum needed to operate) Total number of restaurant seats 205 24S (including. lounge) Hours of operation Hours during which customers seated 6 PM --10 PM same Time when staff leaves/closing *approx. 11:30 PM same *(example is time staff left and **6 days/week same restaurant closed on 12/31/98, h s i unu ually busy n g t) **(except 7 days/week during ` June, July, August, and December) Proposed catering operation no yes Upscale catering with maximum of one event per day, everything to be delivered to site by truck and returned to restaurant by truck ~ 29 [This page intentionally left blank) 30 • • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Regular Item #: 6.2 Estimated Time: Page Number: Department: Planning Presenter: Contact: Dexter Hayes/Pete Avery SUBJECT: Rezoning, Continued Item, Appealed Case (Z-644, 12198) BRIEF SUMMARY: Request by Naomi Yopp to rezone 39.39 acres at 8605 Market Street to B-2 Business from R-15 Residential. (Z-644, 12/98) RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommends denial. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: COUIV`tY COMMIONF.~` APPROVED O .REJECTED ni REMOVED ~O' ~POSTPOl~ED ®`. HEAao 0 31 DATE !3 8 / - ~-f~~-4-o P~~ : ~u vv~a ITEM 2 CASE: •. REQUEST: ACREAGE: LOCATION: 2,64;4, 12/98; Applicant: Esther Yopp R-15 to B-Z 39.39 8605 Market Street LAND CLASS: Rural- Provides for low density residential development not to exceed 2.5 units per acre where urban services cannot be economically provided. Industry, agriculture, forestry and mineral extraction are suitable for isolated rural locations. Planning Board Summary The Board voted unanimously to recommend denial of the applicant's request. The Board agreed with Staff's position that rezoning the site would be premature in light of NCDOT's negotiations to buy the property for road construction in conjunction with the Wilmington By-pass. The Boazd also agreed with Staff that the property was located too far from the more established commercial node already in place at Porters Neck Road to the south. There was no opposition. Planning Staff Summary Despite the presence of commercial zoning across the street, the expansion of commercial and non- residential uses in this area of the County is hard to justify with respect to current Policies for Crrowth and Development. Those policies say in part that commercial uses should be clustered in nodes azound the intersections of major roads by restricting the linear progression along road fronts in hopes of limiting the negative impacts commonly associated with that sort of land use pattern--traffic congestion, uncontrolled curb cuts, visual blight and related impacts. While the policies do not specify the size of the nodes, expansion more than one-half mile from the existing node at Porters Neck Road is not warranted. The existing B-1 District across the street was established in July 1971 when the original zoning was adopted for this area of the County in recognition of two existing rural country stores. The adjacent B- 2District was established three years later in August 1974 so the owners of a small auto repair shop could sell trucks. More recently in June of this year, an attempt to further expand this commercial area was denied by the County. In that case, the County determined expansion would be inconsistent with the Land Use Plan and that other development options under the existing zoning were feasible and practical due the tract's size. Regardless of the property's current or future zoning designation, the single greatest event affecting this property will be the construction of the Wilmington By-pass. As now planned, an interchange is slated to built over much of the applicant's property, resulting in all likelihood in a substantial loss of the entire tract to"io`,a"d~cori~struction. Staff has reservations for rezoning land simply to increase land value where rt is known-,theiland will be purchased for a public purpose. Right-of--way acquisitions are ~.,.» tb,~.e ~ v'hwt~ already underway. ~Any~,fiature expansions of these areas should await the completion of the proposed t interchange. ~~,, #.~t.r,~,-. ~- ~.~ ~, 3 n Staff recommends denial Sri;, 1 L ~.~ ~ :~~ ~~~~ ~~.>w ~- PETITION SUMMARY SHEET • Petition Number: ~-644 r , Owner: - ~'af"hPY y(l~r Request:-- ~ ~~ ~e-~a Taz ID Number: X900 - LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: _ R,,,-a i Existing Land Use: ~ Vacant Zoning History: ~' ~rPa or; chi nal 1 ~ ~onPr~ .~» i v i ~ 7 i R-~ a Toss s r approved Auaust 1974 ' Water Type: _ wP i i Fire District: Ogden Road Acccss:_ y . s : 17 Representative: A i ; ce Hardee Acreage: ~ ~~ fl Location: 8605 Market ' Sewer 7iypL~ ~e>>„ty (x; rki and project Recreation: Ogden Volume: 17 400 ADT (' 97 count) SCh001 D1strICt: R l a i r MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Island creek C (S~~) Aquifer Recharge Area: Primary Conservation Rcsource3: None Historic Landmarks and Archeological Sites: None Soil Type(s) and Class: Primarily Leon ~ M„rv; i ~ P Septic Tank Suitsibility: I,, ,,,; +~ ~„A +„ ~}~~ ~ota~e~' ~~~~e Prime Agricµltural Soils: Building Suitability:.: None WHAT YOU MUST ESTABLISH TO GET A CHANGE ZONING OF PROPERTY Your intended use of property upon rezonins; is completely irrelevant, except for conditional use _ district proposals. The North Carolina General Statutes require that zoning regulations shall be ma accordance with a comprehensive plan. Since amendments to zoning maps should also be based on~ -J Land Use Plan, you must explain in the space below how your request satisfies each of the following ` requirements: I. How would the requested change be consistent with the County's Policies for Growth and Development? ~~'1~ 5if~ is i~/ /~eAsvNah,~ PRoXiir~ity ~o A.c/ Gx/Sfj~r/~ Caal/r1~RciAG Nude, ci ~ ~ R lee's /ll~c_f: ~oa of ~c%/:~ .5e~ vi cC ~e-Nc,e ~4l/y i~ bGt il/9ble. (trG1VN2a ~z coN:S ~s-1A/~ 1'~y r,~;'fh E/!7~/c'~/~3 ~~ ZaNiN(~ ~3~>~2/f/v",•,~ SiRlicT'a/~~ ~lla~Qear~,. ~ . .LSN'~` b er ~ fy-1G/e faP ~es~ d~rvTii~L dot%/oyn,~e~/T iN s~i~ ~ G/~,st~. (n,~uXidt;TS~ Tv A 7J7/1~oR., f-l~'yl7ivrAly a~~~ eXt~st`;N~ Gon1nlERcil1/ ,t/oQ 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? A/7hau~h -tl~~ s~f~ is cl~s~i-~';~~~ R~Rr~i_. 7h2r~~n~~ cl~5s;-x~~~i ~D~t,~v'/- ~iSCOC[.l'ia~je L'rim »7c?~2c;i~L ~1q,~ /lird7l- ~e.S,~~~7;.9t~ lt_5P~ a/sue Q%~ho~.~~l~ c_/~ss; ~,'C~~ ~u e~L I}lTd~'-N ~'~ ,~A/1/d c~evc~ lo~~r, - P Trt3ke~U ~h~~~ tlie,ee_ ~ s 7~~o.Re Lt126~~t/ iir/ U,~~ ~'-11~zter~. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? - T~'u vi r~ l ~ oN Tliz -~ ~ iA.L~'P~ or A Ne cc~ - ~`e9 ~ Qil/a L Sho~~~ ivy coal ~l~x . . B- ~i i5 ~ 2f '11~C~ iNf~,pSr~t~an/ a~= +{i~ `~~ANNPcC.. lJr//7iiL'c~~ait/ %~~~55. 34 In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that all information presented in this application is accurate to the best of my knowledge, information, and belief. \ / Signature of Petitioner and/or Owner - NEW HANOVER COUNTY BOARD OF COMMISSIONERS , - REQUEST FOR BOARD ACTION - Meeting Date: 03/08/99 Regular Item. #: 6.3 Estimated Time: Page Number. - Department: Planning. Presenter: - Contact: Dexter Hayes/Pete Avery ~ . SUBJECT: Special Use Permit (S-72, 10/73: Revision 10/98) - BRIEF SUMMARY: • - .Request by Roger Johnson to revise the approved site plan for Johnson's Marina to permit the extension • and expansion of boat storage on adjacent properties and to reaffirm the original special use permit ' approved in 1973. (S-72, 10/73: Revision 10/98) RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Borad recommends approval with modifications. FUNDING SOURCE: . ATTACHMENTS: REVIEWED BY: ' LEGAL: NIA FINANCE: N/A BUDGET: N/A HUMAN. RESOURCES: NIA -` 1 - COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: - COMMISSIONERS' ACTIONS/COMMENTS: . COU1~T~' C~11d~~ _~ _.. REIZ~QVtr® ©? I~osTPnr~~~ ~ ~ 35 - ~ #~fsARp~ .~ °~ ~ • ,~ ®AT~ .~~.~~$~9q ~.-~ . ~'~~~e"5 pe~ ~~ ,~ ~r . ~ ~hz t-e~ =re~ti~-erd ITEM 3 Special Use Permit, Revision; Continued Item- Request by K. Shanklin for Roger Johnson (Johnson's Marina) to expand the scope of the original permit by including adjacent properties for boat storage. (5-72, 10/73; Revision 11/98) Planning Board Summary The Board voted unanimously to recommend approval of the petitoner's request to reaffirm the original special use permit granted in 1972 and to permit the expansion of boat storage onto adjacent property north of Turner's Nursery Road. Their recommendation includes the incorporation of a Memorandum of Understanding (attached) between the petitioner and area residents concerning the conditions under which the marina would operate, except that the Board recommends no operational time limits for the boat ramp. It also struck down a.provision that would have perpetually barred dry-stack boat storage on the property. And finally, the Board added a condition that all fencing erected on the property comply withsite.visibility'at intersections along ajdacent roads. Most of the public comment favored the petition, due in large part to the Memorandum of Undertanding that had been reached. A few speakers felt the restrictions on the ramp were too stringent and argued they should be lifted. In support, the Boad was presented statistics on the number boats registered in New Hanover, noting that the demand for access to the water continues to grow. J Staff Summary Background: The existing marina began operations in the 1960's prior to adoption of zoning for the area. Zoning was adopted on May 18, 1970, rendering the existing facility nonconforming. In 1973, the applicant was conferred a special use permit to operate a commercial marina subject to the site plan as submitted and several conditions, essentially eliminating the facility's nonconforming status. The site plan conditions included: a prohibition to build a structure at the end of the pier; a prohibition for docking commercial vessels at the end of the pier or in the turn of the channel leading to the facility; and, a requirement that the parking lot be paved. The scope of the 1973 permit was limited to the areas denoted on the site plan labeled "original approved site plan" attached hereto. In 1985, the County approved a revision to the plan to allow the owner to expand an existing repair shop, which added 1600 square feet to the existing 1200 square foot structure. The applicant now seeks to expand the scope of the original permit to include adjacent properties to the south and southeast (north and south of Turner Nursery Road) to accommodate boat storage and an existing repair shop. The existing boat storage and repair facilities located on those properties are;~beyond the scope of the original permit and are do -not comply with local zoning ~concernmg~comrnercial marinas and appurtenant uses. This noncompliance has been confirmedly Zonng,~Enforcement. The tracts requested for. inclusion in the revised permit are owned by't'h'"e apphcant;~~Roger Johnson, and his sister and mother. They are identified as G and 36 ~ ~~ .. Mon the case~map{~~~'~ . ,°p . ~!a r~ ,. .. . Preliminary Staff Findings . 1. The Board must frnd 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. No additional water and sewer service would be needed to accommodate the expanded boat storage. Existing systems would be utilized to service buildings and operations • approved by the original permit. B. The site is located in the Ogden VFD District. C. The site has access to Turner Nursery Road--labeled Waters Road on the site map. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Commercial marinas and appurtenant uses are permitted by special use permit in the R- 20S Zoning District. The property is zoned R-20S. When the original special use permit was granted, the site was zoned R-20. B. The applicant seeks to expand the scope of the original permit to accommodate boat storage that is currently taking place on two adjacent properties. Boat storage is a permitted activity under a legally issued special use permit for a commercial marina. C. Although retail uses are permitted, the applicant proposes no expansion of those services. D. A buffer yard consisting of plantings and a 6 foot high solid fence is proposed to screen ' the boat storage from view of adjacent property owners. • E. Night lighting is permitted provided it does not shine onto adjacent properties. No detail on lighting plans is provided. F. Parking is required at a ratio of one space per boat slip and one space per two dry storage facilities. Existing parking is adequate and the existing storage is open-air. It is not housed in any building. G. A site plan as required has been submitted. 3. The Board must find that the use wilt not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The existing facility, excluding the storage of boats that has spilled over onto adjacent properties and the small repair shop, predates zoning for the area and even predates some of the homes in the area. No evidence has been presented to indicate that the facility as operated has negatively impacted property values, however, permitting uncontrolled expansion could potentially impact values, especially if the expansion(s) doesn't take into . account the land use pattern of the 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 plan of development for New Hanover County. A. There are several commercial marinas located in the County in the midst of residentially zoned areas. The existing facility predates zoning and has been in continuous use since . the 1960's. It was granted a special use permit in 1973, which essentially validated the operation. 'l~`~ in. ~ (~ rJ ~ ' Concerns and Questions -How large should apre-existing non-residential use be allowed to expand in a (~ predominantly residential area and at what point does it become detrimental to the area. ~ ./ The County should be careful to make sure that the interests of nearby residents are. protected while ensuring that the policies of the Land Use Plan to provide public access to the water is not severely eroded. -If approved, the buffer yard should be extended to meet the requirements of the Zoning Ordinance. -Night lighting should be directional. -All storage on site that is essentially classified as"junk" should be removed. The owner had been cited for violation of the county litter ordinance. -Though parking is shown, the number of spaces relative to the additional storage should be specified. -Storage should be limited to the area north of Turner Nursery Road only. This would minimize impacts and keep the facility more enclosed within the main marina parcel. 21 ~--~~ ~ ~~^-t e- ~'~~Q~ ~ r~~c~-2 I~©a-~ ~' `J`am ~ (~~n r~-t,s ~ e~-.~/ ~ f J 38 STATE OF NORTH'CAROLINA COUNTY OF VIEW HANOVER MEMORANDUM OF UNDERSTANDING REGARDING^APPLICATION BY ROGER JOHNSON TO MODIFY THIS INSTRUMENT, entered into this the ! r day of February 1999, by and between ROGER JOHNSON, party of the first part ("Johnson"), and the undersigned ADJOINING NEIGHBORS, parties of the second part ("Neighbors"), is to serve as a memorandum of understanding regarding Johnson's Application to the New Hanover County Planning Department filed September 22, 1998 (the "Application") for a modification of Special Use Permit No. 67 issued in October 1973 (the "Original Special Use Permit") to permit the extension and expansion of boat storage. on adjacent properties and to reaffirm the Original Special Use Permit. To facilitate the resolution of several matters arising out of the Application, the parties agree as follows: 1. Modification of Johnson's S ecial Use Permit A lication. This Memorandum of Understanding shall serve as a modification to the Application, and the parties agree that this Memorandum of Understanding shall be presented to the New Hanover County Planning Board as part of consideration of Johnson's Application. 2. Reaffirm Conditions. of the Ori final 1973 S ecial Use Permit. Johnson agrees to meet the conditions of the~Original Special Use Permit and comply with all zoning regulations for marinas. a. Lights. All lighting shall be directional and shielded from adjacent property in accordance with zoning regulations of New Hanover County to prevent light from directly shining upon adjoining properties. b. Sound. There will be no use of speakers, broadcast systems or other similar devices. c. Abandoned Property. Johnson shall immediately remove all abandoned boats and equipment located on the property south of Turner's Nursery Road. d. Parkincr. Parking spaces for boat slips users and other customers shall be delineated and marked on the ground and the Site Plan. e. Use of Concrete Dock/Pier/Crane. There will be no (~ structure constructed on the pier and no parking of commercial ~ v vessels along the pier or on the turn into the channel. When not in use, the crane currently located adjacent to the waters of Middle Sound shall be relocated and stored in an area north of the existing office building and. within the perimeter of the Original Special Use~Permit': The only use of the concrete dock will be for parking in accordance with the site plan for the Original Special Use Permit. 3. Additional Conditions to be Incorporated into Johnson's Application. In consideration of the Neighbors withholding their objections to the expansion of the. area covered by the Original Special Use Permit, which proposed expansion is shown on the Site Plan attached hereto and"marked Exhibit"A," Johnson agrees to the following conditions, in addition to the requirements of the New Hanover County zoning ordinances. a. Fencing. Fencing as shown on the Site Plan and described below shall be erected within 60 days of approval. of the special use permit by the New Hanover County Commissioners. All fencing shall be of similar quality and appearance as the existing fence on the Virginia Reich property. (bordering the 18' wide easement) and shall be maintained by Johnson Marine. Shrubbery shall be planted and maintained in,accordance with the Site Plan. (1) Fencing along Turner's Nursery. Road. Johnson ,Marine shall erect an 8' high fence along Turner's Nursery Road to a point approximately 116 feet from the intersection of Turner's Nursery Road and~the 18' wide easement shown on.the .Site Plan. This fence shall be setback 15 feet from the right-of-way of Turner's Nursery Road, and shall be faced with shrubbery as shown on. the Site Plan. (2) Fencing from Turner's Nursery Road Bordering Johnson residence. Johnson Marine shall erect an 8' high fence from Turner's Nursery Road, running northeast and approximately parallel with,the 18` wide easement shown on the Site Plan, to a point aligned with the northwest corner of Roger Johnson's residence as shown on the Site Plan. From this point, the fence shall become a 4' high fence (to enable Roger Johnson to .view boats and inventory located in the expanded. permit area) , and shall continue in a northeast direction to the northwest corner of an existing repair shop as shown on the Site Plan. The fence (8' in height). .shall resume at the southwest corner of the existing repair shop in a southerly dire~ction~to a point that is 8' north~of the northern right-of-way line of the 18' wide easement. (3) Fencing along the 18' Wide Easement. From this point that is 8' north of the. northern right-of-way line of the 18' wide easement, the /~ 8' high fence shall continue northeastwardly and parallel °'t o - ~ -2- with the 18' easement to a point that intersects the original western line of the Original Special Use Permit area as shown on the Site Plan. f .. (4) Fencing along Johnson Marina Easement Bordering Joe Johnson's Property. Roger Johnson agrees to construct an 8' high fence along the common boundary between his property .and Joe Johnson's property as' delineated on the Site Plan as the Elizabeth W. Johnson Hrs. property. Said fence shall commence at the southeast corner of the 18' wide easement shown on the Site Plan, and shall follow the common property line for a length to be designated and agreed upon between Roger Johnson and Joe Johnson. The purpose of this fence is to provide a visual buffer between the Marina office building and the Joe Johnson property. (5) Fencing along Private Road into Johnson Marine from Turner's Nursery Road. Johnson Marine shall erect an 8' high fence along the southern right-of-way line of the 20' wide Private Road shown on the Site Plan, commencing at the Entrance/Exit sign at the intersection of said Private Road with Turner's Nursery Road to a point approximately 25' southeast of the Entrance/Exit sign. b. Boat Docks. No additional boat docks shall be added to or expanded along the northern side of the creek bordering the common boundary line with Bruce T. Shell and wife, Cynthia Shell. No additional boat docks shall be added or expanded to the original site plan entitled "Johnson Boat Basin" dated July 15, 1973. All docks will be in compliance with current zoning regulations and regulations for marinas. c. Future Expansion. Johnson will never construct dry stack storage facilities on the special use permit area referenced in the Application and shown on the Site Plan nor on any other property within one-quarter mile of any property constituting part of the Special Use Permit area. Johnson will never expand ,his marina operations onto any property not covered by the special use permit that is the subject of this Agreement. Johnson will not use the property on the south side of Turner's Nursery Road for commercial use, specifically including customer parking or boat storage. • ! d. Marina Entrance. The only entrance and exit to Johnson Marina will be at the west end of the proposed expansion area on Turner's Nursery Road and will be properly marked with appropriate signs as shown on the Site Plan. The 18' wide easement shall be used only for residential purposes and shall not be used by marina traffic by customers using Johnson Marina, except for occasional exiting inventory trucks (long rigs) which are too large_ 1 -3- for the turning radius of the delivery area. The 18' wide easement shall be marked with a sign that states.: Private Drive; No ~ Parking; No Thru `Tr-affic. e. Johnson Marine Operation. All operations of Johnson Marina will be confined to the areas which permit such activities. f. 18' Wide Easement. The 18' wide easement as shown on the Site Plan shall not be used as an entrance to Johnson Marina. No parking shall be allowed on the 18' wide easement, and the 18' wide easement shall be properly marked as shown on the Site Plan. g. Launch Ramp Area. A sign shall be posted at the launch ramp area as shown on the Site Plan. The hours of operation of the launch ramp shall be between 7 a.m. and 10 p.m. The launch ramp shall' be physically secured outside the operating hours. h. Abandoned/Unused Equipment. Johnson shall remove all abandoned boats and equipment located on Johnson Marina property and not .allow same to accumulate in the future. All boats and equipment shall be stored in such a manner so as not to accumulate water and thus breed mosquitos. i. Site Plan. The Site Plan is attached hereto and incorporated herein by reference as Exhibit "A", and by signing ~ below, the parties hereto specifically accept the Site-Plan. 4. Binding Effect. This Memorandum of Understanding shall be binding on and inure to the benefit of the parties, their heirs, successors and assigns. 5. Johnson's Special Use Permit Application. By signing this Memorandum of Understanding, the undersigned Neighbors withdraw .objection to Johnson's Application subject to the understanding that the terms of this Memorandum of Understanding will become a part of any special use permit issued by the New Hanover County Commissioners: IN WITNESS WHEREOF, the undersigned parties agree to ,the foregoing and have executed this Memorandum of Understanding under seal. • APPLICANT: ~ ~ (SEAL) o er o son [see attached signatures of Adjoining Neighbors] 42 -4- • ADJOINING NEIGHBORS: ~. 4 ~ •- (SEAL) • (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) KV96)1.DOC (SEAL) (SEAL) -S- (SEAL ) (SEAL ) (SEAL) (SEAL) (SEAL ) (SEAL) (SEAL) (SEAL) (SEAL ) I I i I 43 PETITION SUMMARY SHEET Petition Number: 5,72, .10/73 . _ Owners ~ Roger Johnson Request: SUP - Boat Storage Tax ID Number: 4500 LAND USE, ZONING, UTILITIES and SERVICES Land Classification• Resource Protection & COnGarvati nn Existing Land Use: ~ Commercial Marina, boat slips, storage, & repair Zoning History: ~' Area originally zoned May 1970. SUP grantP~ Oct 19 Water Type: Well Fire District: Ogden VFD Representative: -=- K _ Shank 7 ; n Acreage: 1 LOCat10n' Turner Nursery Rd. ' Sewer T'ype' septic Re~reatian: Ogden Park Road Access: Turner Nursery Rd. Volume: Unknown ' ~_/ School District: Ogden MISCELLANEOUS PHYSICAL CHARACTERISTICS 44 Watershed andWater Quality Classification• Middle Sound (SA) N/A Aquifer Recharge Area: Marsh & estuarine waters Conservation Resources: Historic Landmarks and Archeological Sites: None Soil Type(s) and Class: Lakeland (La): Class I Scptic Tank Suitability: Primc Agricµlturxl Soils: Building Suitability: Very good None Few limit EXHIBIT "A" ` :~ TO APPLICATION TO AMEND ` EXISTING SPECIAL USE PERMIT ROGER P. JOHNSON APPLICANT 1931 TURNER NURSERY ROAD WILMINGTON, NC General Requirement #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." Statement by Applicant: Roger P. Johnson is the current owner of Johnson Marine Services, Inc., having acquired the marina from his father, D. H. Johnson. The subject property is commonly referred to as Johnson's Marina. Johnson's Marina has been in business for more than 30 years, beginning operations in the 1960's prior to the implementation of zoning by New Hanover County. In the 1960's, D. H. Johnson used the subject property for his marine construction business and, gradually, D. H. Johnson and the Applicant, Roger P. Johnson, began afull-service marina offering boat access~to Middle Sound and the A.I.W.W. along with sales and service of fresh and salt water boats. Commercial marinas are specifically permitted in R-20 districts with certain special and general use conditions. Section 23-63 of the County's Zoning Ordinances defines a Commercial Marina as "any dock or basin and associated structures commercially providing permanent or temporary harboring or storing of two (2) or more boats (pleasure and/or commercial) and providing marine services, including, but not limited to, retail sales for fuel, repair, convenient food stuffs, boats, engine and accessory equipment." Johnson's Marina squarely meets this definition of a commercial marina under the provisions of Section 23-63. Even though the marina predates the County's implementation of zoning in the Middle Sound area, in July 1973 D. H. Johnson filed an application for a special use permit for a marina in accordance with a site plan that. is included in this Application. On October 1, 1973, the County Commissioners approved Special Use Permit No. 67 for D. H. Johnson subject to several conditions. On May 8, 1995, the County Inspection Services and the Director of Planning approved an administrative change to Special Use Permit No. 67 to Johnson's Marina. As the current owner of Johnson's Marina, Roger P. Johnson is currently in compliance with the original footprint of Special Use Permit No. 67, as amended. However, due to expansion of the marina's business, Roger P. Johnson, as evidenced from recent correspondence from Richard V. (~ Civelli, Zoning Enforcement .Officer for New Hanover County, has \.J expanded the storage of boats upon two adjoining tracts of .land owned by kot3er P. Johnson and 'his mother and sister. The tract owned by Mr . Johnson and a part of the tract owned by Mr . Johnson' s mother and sister are the specific subject of this Application to Amend the original Special Use Permit No. 67. Additionally,: this. Application is to seek a reaffirmation or approval of original Special Use Permit No. 67, as amended. The primary purpose of this Application is to bring Roger P. Johnson's business into conformity with the New Hanover County Zoning Ordinances for the area that he is currently using. Johnson's Marina has.not been. cited for public health and'safety violations.The marina .and the use of the ,property that was within the footprint of Special Use Permit No. 67 and that is within the area that is subject to this Application to amend Special Use Permit No. 67 fulfills a beneficial need for residents of New Hanover County in providing a necessary and appropriate service of a commercial marina for pleasure and commercial boats.. For example, LAMA and ,.other State agencies use the facilities at Johnson's Marina. It• goes without saying that. water dependent uses are in critical need in New Hanover County,. and the County must provide adequate opportunity and land for the operation and growth of commercial marinas. Additionally, Johnson's Marina is a family ~ owned and operated business. The County should foster and `facilitate family owned businesses as part of the County's long- term economic planning. The marina is~currently adequately served by a separate-well and septic tank system. The Applicant understands that the County will install sewer in the near future. Thus, there is no substantial need for water and sewer services for this tract. The entire property will be operated in the future as it has been in the past except for a better organization of the marina' s site. plan to comply with the County's buffer and other zoning requirements. General Requirement #2 The Board must find "that the use meets all required conditions and specifications of .the Zoning Ordinance." Statement by Applicant: The original footprint for .Special Use Permit No. 67 was constructed in compliance with the zoning requirements in 1973. Since then, the marina has undergone certain modifications and upgrades as any business would over two decades of .activity. 46 -2- However, the original footprint of the 1973 site plan remains valid • -and the current site plan for the Amendment shows a portion of the area covered by the original site plan especially showing the modifications to one of the buildings permitted in May 1985.. 4 In compliance with the requests of adjoining landowners, Mr. Johnson has provided`an aesthetic buffer along Turner Nursery Road to lessen the impact from the street of the use of the Applicant's property.. The use of this area that is the subject of the Amendment to Special Use Permit No. 67 is primarily for boat storage, which is a necessary component of commercial marinas as defined in Section 23-63 of the County's Zoning Ordinances. Section 72-31 of the County's Zoning Ordinances provides additional requirements of a commercial marina in a residential district. The primary footprint of Special Use Permit No. 67 complies with Section.72-31. Since the use is a continuation of what now exists, there will be no additional impacts on water quality, primary nursery areas, shellfish grounds and conservation resources as provided for in Section 72-31(5) of the County's Zoning Ordinances. General Requirement #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." , . Statement. of Applicant: Since this Application for an Amendment to Special Use Permit No. 67 is merely one to ratify the current use of the tracts subject to this Application, it is clear that the continued use of this property will not be substantially injurious to the values of adjoining or abutting property. Clearly the property adjoining this site .has been and will continue to be the subject of semi- rural use, at least for the near future. The land use in this area is not intense. Several of the adjoining tracts are owned by the Johnson family or distant relatives. There has not been and will not be a diminution of value in the adjoining properties because of the marina, which has been a part and parcel of this community since the 1960's. Additionally, it can be said that the use of this property as a commercial marina is a public necessity. Access to boats and the water by the public is a prime need in New Hanover County. There are very limited publicly maintained boat access facilities in New Hanover County. There are only three publicly maintained boat access points to the Intracoastal Waterway between Pender County and the Cape Fear River. Without commercial marinas, access points to the Intracoastal Waterway would be substantially decreased, and -3- 4 7 then only individuals access points,_ which i public. access policies pursuant to ..the ~Coasta ,. who own property on the water would have s contrary to the public trust doctrine and adopted by the Coastal Resources Commission 1 Management Act of 1974. General Requirement #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." Statement by Applicant: The .subject property is classified under the current land use plan as Resource Protection. It should be noted that the Applicant does not intend to intensify the use of the property that is the subject of the Amendment to Special Use Permit No. 67. Eventually, the Applicant intends to apply for dry storage after appropriate studies have been done of the site. . However, at this point the Applicant is seeking merely to be allowed to continue the use of the marina in sufficient area to carry on his business and serve the public . Traffic will not increase because of this Amendment to Special Use Permit No. 67. The fact that the Applicant's business has grown since 1973 is ,, ample evidence that there is a public necessity for his business. It is clear from a historical prospective that Johnson's Marina has been a vital- and integral part of Middle `Sound for many decades. It has existed in harmony with the surrounding area. The area is predominantly .residential, but commercial marinas are a permitted use in residential zoned districts subject only to the-five criteria mentioned in Section 72-31. Each criterion has been complied with by the Applicant in either..the original Special Use Permit No. 67 or the Amendment that is proposed at this time. The Applicant's use of.the property complies with the Policies for. Growth and Development adopted by the Board. of County Commissioners on November 1, 1993. .Especially, the Applicant is in compliance with the. general economic and community development policies under Section 3.0 of the 1993 Land Use Plan. Continuation of the use of the Applicant's property as a commercial marina will not violate the provisions of Section 3.1(3) of the 1993 Land Use Plan. The use of the proposed tracts as a commercial marina is not an encroachment upon residential neighborhoods since the majority of the subject property has been used as a commercial marina for many years. The Applicant's use of the property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the 1993. Land Use Plan. Since commercial marinas ,are permitted in all 48 -4- ..residential uses, it is particularly important that the established • marinas which have existed for many years in New Hanover County be fostered and 'allowed to develop naturally as with any growing business... The contention that a marina should move its facilities because it pis growing is contrary to the spirit and intent~of New Hanover County's Zoning Ordinances. To permit a use even by a special use in a district is a statement that the use is beneficial and compatible in the subject district. , Especially where there are very few (5) publicly maintained boat access ramps in this County, it is encumbered upon the County to maintain the existing commercial boat marinas and to avoid having the marinas locate in other areas or outside the County. Therefore, it is clear that the proposed use, since it is a continuation of the same use and merely a ratification of what has existed in the past, is clearly in harmony with the area in which it is located and the general community of New Hanover County and, more particularly, Middle Sound. BD2978.STA ~ s 49 SHANKI:IN Sc MCDANIEL~ L.L.P. . ATTORNEYS AT LAW POST OFFICe Box 1347 • 2 ~ 4 MARKET STREET ~ %• WILMINGTON, NORTH CAROLINA 28402-1347 ` TELEPHONE (910) 762-9400 TELEFAX (910) 251-1773 KENNETH A. SHANKLIN' SUSAN J. MCDANIEL THOMAS H. NUNALEE, IV September 25, 1998 Mr. Thomas G. Reich 2.043 Turner Nursery Road Wilmington, NC 28411 • Re: Johnson's Marina Our File No.98129.001 Dear Tom: ,~ J'.~ ~ \ \/ 'Board Certified Specialist in Real Property law -Residential, Business, Commercial and Industrial Transactions . I enjoyed meeting with you last Saturday. Mr. Johnson has retained the services of Stuart Benson, Registered Land Surveyor, and Cynthia Wolf, Landscape Architect, to develop a site plan for the Marina area. Enclosed for your review is the new site plan which has been presented to Mr. Pete Avery of the New Hanover County Planning Department with Mr. Johnson's Application for Amendment to Special Use Permit #67. If you would like to discuss this plan with me further, please advise. With best regards, I remain Vgry try~ly yours, i. Kenneth A. Shanklin KAS/pcc PC2376.LET cc: Mr. Roger Johnson Mr. Rick Civelli • Mr. Pete Avery 50 j _ ~. NEW HANOVER COUNTY . INSPECTION, SERVI CES COUNTY ADMINISTRATION BUILDING ANNEX 414 Chestnut Street Phone (919) 341.7150 . Room 211 Wilmington, North Carolina 28401 HAND DELIVERED May 8, 1985 Mr. Rodger Johnson Rt. 4 Box 487 Wilmington, N. C. 28405 RE: Special Use Permit #67 Johnson's Marina, Middle Sound Dear Mr. Johnson: The purpose of this letter is to officially respond to your request for a modification to Special Use Permit #67 which would allow • construction of a 40' x 40' addition to your existing 30' x 40' repair shop building (shown as #4 on SUP plans). SUP 67 allows a total of 7870 square feet of occupied space -slips not included. This square footage only applies to the buildings "footprint" on the ground. Subject to this total, and height limita- tions and setbacks from property lines, you may vary the actual . building. arrangement. This determination has been made pursuant to Section 71-9 of the New Hanover County Zoning Ordinance which requires the approval of both the Director of Planning and the Inspections Director. Sincerely, ~. Dexter Hayes Directo of 1 S. D. Conklin Inspections Director [: SDC/cb cc: Wayne Williams, Chief Building Inspector Rossie Thompson, Building Inspector 51 ~., f ~~~~R1}hp t i~ ~• ~ P ~ ~~r~~,` =.~~ ~~ t .,. (~yy}} yy~- yy~~ ~~ yam ty~ ~• }~ ~ `J~1•~ ,r :.r ~`, r- ~• /~.-G~-~ili~.Lt~ ~.YL4iL.-i C.~iwl~.i~ a ~J ~_ (~_ ~rxfxsPr 181II ~ilmin~tan, ~ f~l_ ZS~III Asg:.:t 22, 3973 i•Sr. L'. 3. Johnson Roue 4, Bod 437 I;iimisgtoa, ~;.C- 2S401 Bcrr 2L. Johnson: 0n August 24, 1973, t :e P7ov Flar--over Count' Boar3 of Coxmis- sioner:, tabled your reaueet for. a Soecia2 Usa ~ i emit to usc: property located on the east. side of S.R. 140t~ exteadia~ south-.~ ~twar:ily to tha Intracoastal Waterway for a *",:,rL:a. This request was table3 to ensble qou to get to;;ether uritF~ aroa reside_~ts in or4er to corse_ up-with u mutual;.p agraeable solution to the problems discussed at tFiis meeting. Furthar~actioa or. yosr request mill be taLen by the County Commissioners at thair Se~terbFr 27, 20,73 mt.etir.~;. ~ . If we can oa of furt:~er assistance, pleasa~ do not hesitata to con~ae~ this office. ~= Sincorzly, (',.rs.) Judy Schiilszoller Acting P2ar.~ag Director ~jw cc: Fi~rs.~/I~~'~s3 King, Clerk to tha Bosrd iC.:~t;ha:les R. R3gister, County Building Inspector • a*~OVER C O FK..~:vcq ~ G '~,.. • ;'~., ?'~. ~ r yr` '~ ; ~ ' tlmirt~~urt - ~~fv ~ttxcIIfrEx ' • J ~ TT39. ~ ~ ~i ~` ~~" 2 ~ .~?Ixilil~ ~IIl"ttIYiISSIIIZT ~'oFNURTH ~~Q° _ ~_ f®_ ~r~tfuer 181II ~ilmingtnn, ~ ffl_ 284Q1 October 5, 1973 tir. D. H. Johnson Route 4, Box 487 Wilmington, N.C. 23401 Gear `ir. Johnson= Attached is the Special Use Pex~ait to a11ow dir. D. 3. Johnson to use that land *ahich is owned by dir. D. H. Johnson in t:~e arP~ on the east side of S.R. 1406 eatendin~ southeasts~ardly to the Tatra- . coastal L7aterway For a ?`marina as approved by t'.-ie .County Cori ssi oners on October 1, 7.973. Prior to using the property at the above location, it will be necessary for you to obtain the rec;uired building permits from the County Building Inspector's Off ice located in the county vourthouse. Sincerelg, Mrs.) Ju3y Sc`-illmoller Acti:~ Planning Director JS/jw Att. cc: sire. Line ICiag, Clark to the Beard (W/Att.) +f Charles R. Register, County Building Inspector (W/Att.) ~ 53 r ' ` ,. August 2, 1973 ~s. D. H. Johason Route 4, Tox 487 iJilmington, N.C. 23401 Dear Mr. Johnsoa: Gn August 1. 1973, the Wilmin6ton-:dew Hanover Plana~nd Commission recommended approval of your request for a Special Use Permit to use the property located on tl:e east side of S.R. 1406 extending so~itlieast- wardly to the Intracoastal Waterwsy for a Marina in as R-20 District. The County Co~issiorers will meet on :~.oaday, August 20, 1973 at \ 9:30 A.Pf. in the County Co~i.ssioners Office, 14 North Third Street, to act oa this reco~nendation. ~ ~ ' Sincerely, {i~irs . ). 3udy Schilliaoller Acting Director of Planaiag /jw • 4 September I3, 1973 • ::r. D. A. Johnson Route 4, Eox 487 Wilmington, Iv.C. 28401 Dear *:r. Jo~sson: On September I7, 1973, the- County Commissioners tabled your request for a Special Use Permit to use property located on the eases side of S.R. 1406 extending southeasterly to the Intracoastal Waterway in a R-20 District for a :farina as requested by ,`ir. Clark, Attorney, and agreed to by your Attorney, Mr. Lennon. Further action on your Special Use Peru~.it request will be heard by the County Commissioners at their meeting on October 1, 1973. Zf we can be of further assistance, please contact this office. Sincerely, (`irs.) Judy Schillmoller Acting Planning Director /~w SPE:.~AL US:. P~:~P::~ - :~~Ew ~.ANOVEQ cove ~; 4 ~ Permit No. Application No. Zone ~_~ 67 72 R-20 A Special Use Permit is hereby granted by the Board of County Commissioners after consideration by the Wilmington-New Hanover Planning Commission to Mr. D. A. Johnson and owned by Mr. D. H. Johnson in the area on the east side to use the land located ~c of S.R. 1406 extending southeastwardly to the Intracoastal Waterway for a Marina based on the following conditions: 1. There will be no structure constructed on the end of the pier; 2. No parking of commercial vessels along the end of the pier (~14) or on the turn into the Channel indicated on the map submitted with the application as Area X16; and, ~ ~ ~ 3. That the parking lot be paved and marked. Also, at the October 1, 1973 County Commissioners meeting, Mr. D. H. Johnson indicated he was agreeable to installing a greenery buffer from the area south of Item ~6, runni~ along the southern property line east to the Waterway. This Special Use Permit shall be subject to the conditions listed above and the Zoning Ordinance of New Hanover~County. If any of the conditions so specified or any part thereof shall be held void or invalid,'or if any such conditions are not complied with, this Special Use Permit shall be void and of no effect. The Special~Use Permit is authorization for the Building Inspector to issue a building permit for the use listed above. /C-'~ L Chairman of County ommissioners 56 October 1, 1973 Date i J -~ ~ ~ • APPi,~CAT~CV c OR SPECIAL USE ~ .. ~ a MEW H.4\GVER CCUNTY ~,\~ VVi ~~~~ iJS ~~~ .,. i :,~ .~ .~ ~r'T' T ~ ...... .-.. t J '~ fS~l.~i V v/ ) rn P~wniN~ ~r.; ~ DEPT, .~:; r .~_ ^•ti ""' Application Number o?J Fee ~,1s, eo Receipt Nuober ao // Application is hereby made for a Special Use Permit to use the property at Middle Sound off S. R. no. 1406 for Marina The existing zoning of the property is R-20 A sketch of the proposed lot plan drawn to scale in duplicate is attached to and is a part of this application indicating: (1) location of existing and/or proposed structure(s) to be used in connection with the requested use; (2) location of off-street parking; and, (3) location and dimensions of proposed sign. The Planning Commission and/or Boated of County Commissioners reserves the right to require additional information if needed to assure that the use in its proposed location will be harmonious with the area in which it is proposed to be . located and is accordance with the Zoning Ordinance of the County of New Hanover. The Planning Commission, will consider the application, if properly completed, at tt~.eir next regular meeting. Petitioner or his representative must appear at the meeting. Meetings are held at 8:00 P.M, in the Council Chamber, City Hall, Wilmington, N. C. on the first Wednesday of each month. Applications and supple- mentary information must be received in the Office of the Planning Department ten days before the meeting to allow time for a public notice to appear in a local newspaper. Signature of Petitioner: _~~ ~,/..~[~~~~ Address of Petitioner: Route 4 Box 487 b S~ .T s ~ aEt Phone Number: 686-7360 , Dare: July 18, 1973 Signature and address of owner, if owner is not petitioner:. Approval of Planning Department for completeness of petition: i Action by Planning Commission: Date ~ -~- ~ 3 Recommended to Baord of County Commissioners Not recommended to Board •Q of County Commissioners ~' S 7 Action by Board of County Commissioners: Date: ~ `73 -.T Application Passed ~~ Not.Passed Ta~L~D ~7 ~.., -~ r_- • 1:71' J J ~'i~ ~C>n n ! ... _ -$- ~ _ . ~ _ ....... T.~t/ A'1 ~T 3715; G?~, ~? .... . ~. _~.. ANN S. HINES Chief Zoning Enforcement Officer June 30, 1998 Mr. oger P. Johnson 1931 Turner Nursery Road Wilmington, NC 28405 Dear Mr. Johnson: N~'~~ I~AN~VE~ CO~TN'~~ INSPECTION SERVICES 414 CHESTYUT STREET, ROOM 202 ~ WILMIi 1GTON, NORTH CAROLINA 23401--{045 TELEPHONE (910) 341-7115 FA,Y (910) 341--1332 CERTIFIED RETURN RECEIPT REQUESTED Reinspection Date: July 30, 1998 It has been reported to this department that your business,.which is allowed to be operated under pecial, Use Permit #67, I~as expanded its permitted use by storing boats and trailers on several lots zone - ~. _ ... . This permit issued ~ the New Hanover County Board. of Commissioners on October 1 197 limits"the -.... .> ._.. use of your facility to the submitted and approv_ed,site:plan. - " - In accordance with Section 71-8 of the New Hanover County Zoning__Ordinance, failure to comply with (~ the plans approved. by tlie'Board of County Commissioners or with any conditions imposed upon the Special Use Permit, shall immediately render the~ermit void and of no effect. _A change of this ma~itude will require approval from the Board~of Commissioners. _ If you do not respond to this letter, you will then have thirty days from the date of this letter in which to bring your site into compliance. Failure to comply will subject you to the.. provisions..of..Section. 132 (attached), penalties for violation. If you have any questions concerning this matter, or if you wish to discuss this violation or what may be done to correct it in more detail, please contact me at (910) 341-7118. Your cooperation in this matter will be appreciated. Sincerely, l/ ~ , Richard V. Civelli ~-j-- , . t ~ Zoning Enforcement Officer ~"~ ~ ~.,~._,,,_~ - ~ ~ ~~ ~ _ RVC/rc nclosure -" cc: Mr. and Mrs. Honeycutt Ms. Mollie Rogers Ann S. Hines, Chief Enforcement Officer _ :. .. NOTICE TO ABATE NUISANCE Now comes the New Hanover County Sheriffs Department, pursuant to the provisions of the NUISANCE REGULATIONS, Chapter 11, Article I, of the New Hanover County Code of Ordinances, and ' hereby gives riotice to: (name and address) Mollie Rogers Johnson - 1927 Turner Nursery Road. Wilmington NC 28405 and ` .. Joseph N. and Paula J. Honeycutt. 13402 Furlong Terrace, Chester, Virginia 23836 the (owner or occupant) owners of property located at (address) 1924 Turner Nursery Road, Wilmington, NC 28405 (Tax parcel No. R04514-001-001-000 that: Nuisance(s), to wit: (description). on the property at 1924 Nursery Road are 1) One f 1) s abandoned house which provides a harborage for rats, mice, snakes and other vermin according to Article I Section 11-2b; 2) Twenty (20) abandoned floats constituting a nuisance under Article I Section 11-2A' 3) Several abandoned boats and boat trailers which is an accumulation of funk and abandoned materials that provides a harborage for rats and mice as well as insects, Article I, Section 11-2(a)(b)• 4) One (1) large pile of steel and accumulated funk surrounded by tall weeds, providing harborage for rats and mice Article I, Section 11 2(a)(b); 5) Uncontrolled growth of weeds approximately one foot (1') in heioht and above, within fifty feet (50') of a principal residential structure Article I, Section 11-2e is located on said property, in violation of the said NUISANCE REGULATIONS; 2. It is necessary for you to abate said nuisance(s) by removal or other methods, as follows: Removal of all items listed above is necessary 3. You are ordered to abate the said nuisance(s) within thirty (30) days from service of this notice; 4. You have the right to request a hearing in this matter before the Manager of New Hanover County. Said request shall be made at the office of the County Manager located. at 320.Chestnut Street, Wilmington, North Carolina 28401, within ten (10) days from service of this notice. 5. If the nuisance(s) is/are not abated as directed, and no request for hearing is made, within the prescribed time, New Hanover County may abate said nuisance(s) and assess the cost thereof as a lien against the property upon which the nuisance(s) existed. • Desig~ted Abatement Officer~~ New anover County Sheriffs Department 20 North 4th Street Wilmington NC 28401 (910) 341-4200 RETURN OF SERVICE I certify that this.Notice grid Order to Abate Nuisance(s) was issued by me on (date) 7 /-' ~~ and that copies of the same were served on (name) /17®~~/'e ~v ~ ~~ s 3"0~~ So7 by (method of Service) Q~, ~ i '` on (date) ~' / SHERIFF OF NEW HANOVER COUNTY ... By: Deputy 60 r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION , Meeting .Date: 03/08/99 ~ _ - ' ~ Regular Item #: 6.4 Estimated Time: Page Number. Department: Planning Presenter. - Contact: Dexter Hayes/Pete Avery SUBJECT: .Rezoning (Z-648, 2/99) - BRIEF SUMMARY: Request by Jon Vincent to rezone .84 acre at Lot 4, Myrtle Grove Business parkin the 5600 block of Carolina Beach Road to Conditional Use B-2 Business for office/warehouse from Office and Institution. . (Z-648, 2/99) RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommends approval with modification. FUNDING SOURCE: ATTACHMENTS: ~M~~ . REVIEWED BY: LEGAL: N/A FINANCE: NIA BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: . REJECTE© . ~ REMQVED ~ 61 P~STPON~Df~ . . ~ HEARD (~; I~aT~ 3~8 /9 ITEM 4 CASE: ~ Z-'648, 2/99; Applicant: Jon Vincent REQUEST: O-I to CD(B-2), Office and Warehouse ACREAGE: .84 LOCATION: Lot 4 Myrtle Grove Business Park LAND CLASS- Urban Transition: Allows .for more intensive urban type development on land that has or will soon have urban type services. Residential density can exceed. 2.5 units per acre if it complies with certain location and'design standards. Planning Board Summary After considering the details of the applicant's. plan, public comment concerning access to Lobos Lane, and the general land use pattern in the area, the Board voted unanimously to recommend approval but with a condition that no access to Lobos Lane be provided. Staff had advised the Board to recommend B-2 Zoning, noting the need for conditional use zoning had diminished based on surrounding land uses. Public comment focused on the use of Lobos Lane by non-residential traffic and the impacts of the planned facility on an adjacent residential structure. Staff Summary The existing O-I Zoning for the tract was established in September 1996, although the northeast corner of the site remains zoned B-2 Business. Since the property was rezoned to O-I, the County, through the approval of a minor subdivision, authorized the development of this tract and surrounding parcels for Myrtle Grove Business Park. To date, only the B-2 zoned` area of the Park has been developed. It is occupied by a small veterinarian office. The initial reasoning for establishing O-I at this location was to limit the strip commercial development in the Monkey Junction commercial node to the north from creeping to the south. Strip commercial development, which is strongly discouraged by the Land Use Plan, is the most common land use pattern found along most County thoroughfares. It creates visual blight, extreme traffic congestion and other undesirable impacts. O-I zoning has been used in part to limit those impacts and to address the conflict between heavy commercial uses and established residential uses. ?For fihe~sub~ect~p~roperty, its proximity to nearby heavy commercial uses and the absence of major residenfia ~de~elopment~ would seem to support rezoning. Parcel H to the west is a retention pond while parcel G; to~t~h~e~north is residential structure and hair salon. Parcel F and I make up the GoGas propert~es~~*Land to the south is vacant and makes up the balance of Myrtle Grove 62 ', Business Parma >M~'v t ; ~7 . ~;J ;,..;,,.ail lry , e, =The applicant is requesting conditional use B-2 at Staff s direction. However, upon further study ' of the site and after visiting it, it was apparent that conditional use zoning was not really necessary. Staffwould suggest rezoning the site general use B-2 with the line running from Carolina BeachRQad along`the north side of Parcels C and D to the eastern right-of--way line of Lobos Lane. The rezoning should also include parcels G and H. As noted, parcel H is a retention pond, thus rezoning it should not impact adjacent land uses. Parcel G should be included so as not to isolate it from similarly. zoned property. This approach would still retain a significant O-I District to the south to help control the southern expansion of the main commercial node. ~, 63 WHAT YOU.MUST ESTAI3LISII TO GET A ~ • CIIANGE OF ZONING OF PROPERTY `Yobr intended uee of propcrt}• upon rezoning is complckl}• irrelevant, except for conditional use dietzict proposals. The North Carolina CKncral Statutes require that zoning regulations shall be made in accordance n•ith a cotuprehrnsive plan. Sine amr•adments to zoning maps should also be based on a Land L~x. Plan, you must explain in the space below how your request satisfies each of the following rcaui: emtats. How would the. requested change be consistent with the County's policies for Groµ•th and ]~esel- opment? See Exhibit A X64 How would the requested zone change be consistrnrwith the property's classification oa the Land Classification Rtap? This property is classified on the New Hanover County Land Classification Map as Urban Transition. The petitioner feels the requested zone•change will allow businesses such as Partitions, Inc., to locate in an area that is convenient to both their employees and clients. ® What significant neighborhood changcs,luve occurred to make rite o: iginal zoning inappropriate, or hoe' is the land involvcc: unsuitable for the uses permitted under the ezistiug zouit~,? See Exhibit A In signing this pctiGou, I understand th:d the existing zoning map is presumed w be c rrecl and tha[ I have the burden of proving why a change is m the public inures. T fltrther unders nd that the singling out of one parcel of land foe special zoning Ueatment unrelated t¢¢ County p0lidy and the surrounding ncighb~:hood would prohably be illegal. 1 eenif}• flat all the info~ntatiou pteserflctl in this applicatioe is accvrnte to the best of my knoWIcdgc, infornution, and belief. I j OHner ~~ ~' i = = EXHIBIT «A„ Questions 1 and-3~ ~ ~~ This property is presently zoned O&I and is adjacent to B2 and O&I property to the north. ,The petitioner is requesting a zoning change to allow the development of an office -.complex of approximately 7,800 square feet (see Exhibit `B") for Partitions, Inc., a New Hanover County business that specializes in the installation of exterior/interior walls, and acoustical ceilings. The business also needs to occupy approximately 60% of the building for material storage which will be used at their respective constnzction sites. It is because of storing such materials that the petitioner is requesting this zoning change. " The building will primarily be used as an office facility by Partitions, Inc. The petitioner has had great difficulty in attracting only O&I users to this property, but " has had many requests from businesses such as Partitions, Inc., who would like to be in a professional office park setting while at the same time being allowed to store and control their inventories. , . 65 PETiTiON SUMMARY SHEET Z-648, 2/99 Petition Numbsrt Owner: Jon Vincent Representative: Same Request: .o-I to cD(B-2) Acreage:, .84 Taz.ID Number: 7600 Location: ~yrt] P (,rnvP Ricci nPC~c p' . LAND USE, ZONING, UTILITIES and SERVICES ' Urban Transition • Land Classification: ' Eiisting Land Use: ~ Vacant Zoning History: ~' ~ Site rezoned to O-I~/~~ Community 'County ' Water Typz: Sewer Type• Fire District: i~Yrtle Grove Recresition: Arrowhead Park Road Access: Carolina Bch. Rd. Volume: - 29,472 ADm ( 71~~ School District: Bellamy MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification: j°Iotts Branch C (Sw) Aquifer Recharge Area: Primary Conservation Resources: None Historic Landmarks and Archeological Sites: None yp {~ Primarily Lynn Haven (Ly): Class III Soi! T c s and Class: - Limits due to wetness Septic Tank Suitability: None 66 prime Agric~ltura] Soils: ~ ~ Building Suitability• _ Some limits due to wetness .. -~ Y _ ~ iii C~ R 1` n~• N as ~ ~ w ~ E+ - _ , . r{ ~ ~ _ . t:U .. .,.~ s ~ r - W y- r 344.22 _ ___--- .. ~o~ _. - I _ _ i ~~ , N Og 0p0p ~5}" E ~~I _ ~'~ITT 1 ~ ~ 1 5125916 i ,_ _- _~ ' I® f I I 1 i . I ~ - ~ ( ' ' ~ 1 - ' I' - ~ n1 ~w ~p~1 ~ N .I w~ a W ' ~ O _ ~ ~ rN IL } O -~ ~ ~m 0 Q ~ 'Y Q 0 ~ ,~, --g---- N d ~ ~ h N~ ~ - y-~ J_ ~ ~ N x3-~y, 1(1 3 ~ T ~ ~ . ~ ~~ M„O1,4£.lZ S - -' - 3,~l,tf£.YZ ~J zQ ZI f i ~ ~ 8 i % ~ `I i S w: ~ a - ~- q ~ ~ O ~fl D i I nl O ` ~'~ ~ ~ ~ ~~ ' ~ ~ ~ iu h N ~,o • I i f ~ i i x ~. ~ .°,oo I} tea _ _ _ _ R=218183'- _ M,S£.oZ.9l S ' M_40,SS.OZ S _ 67 t- . . ' Q`d02i H~d38 dNl'102{`d~ ' n 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ` REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 - ' . Regular Item #: 6.5 Estimated Ti~ Page Number: ` . Department: Planning Presenter: , Contact: Dexter Hayes/Sam Burgess ' SUBJECT: _ Request by SANCO of Wilmington Service Corporation to Appeal Decision by Technical Review Committee (TRC Denying Approval of Grand Bay at Beau Rivage for 78 Units.. BRIEF SUMMARY: SANCO of Wilmington Service Corporation appeals the decision by the Planning Board's Technical Review Committee (TRC) denying approval of Grand Bay at Beau Rivage for 78 units. Grand Bay is located on the west side of River Road, south of Sanders Road across from Beau Rivage. The "fRC's decision to deny the project was based on site alteration of the natural topography (100 year flood line) in order to achieve a greater cluster density of 2.5 units per acre. This alteration of the site for the purpose of increasing density is inconsistent with the County's adopted 1993 Lane Use Plan. (See attached letter and support material.). RECOMMENDEDMOTION AND REQUESTED ACTIONS: Planning Staff concurs with the TRC decision. to deny Grand Bay. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: NIA BUDGET: N/A HUMAN RESOURCES: NIA :COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . COMMISSIONERS' ACTIONS/COMMENTS: COl1NTY COMMI~IQN T- APPROVED'. ~('~/ REJECTED:! REMCIV€D`' f® ~s~~N~ ® 6 9 HEARD p Y ' ' ` ~~©ATE ~.3f 8 ~i~ ~\~i~OYQ C{ P' ~ UYt,C~i'!~ . ;~~~ SA-14, 11/98 CRONOLOGICAL HISTORY: GRAND BAY @ BEAU RIVAGE - May 22,1986: Beau Rivage Plantation Performance Residential site plan preliminarily approved by the County for 1,153 lots/units. The zoning district is R-15. Net buildable acreage of 461 acres includes Tracts 2, 3 & 4 on the west side of River Road. To date, approximately 287 final lots have been approved in Beau Rivage by the County. ' - Nov. 12,1997: Turtle Cay @ Beau Rivage approved by the Planning Board's ,Technical Review Committee (TRC) for 72 units. Turtle Cay is located on the west side of River Road on a portion of Tract 3. Concern was expressed by the TRC and CAMA relating to adopted Land Use Policy inconsistencies. -Jan. 14, 1998: South Amsbury @ Beau Rivage approved by the Planning Board's Technical Review Committee (TRC) for 57 units. South Amsbury is located on'the~west side of River Road on a portion of Tract 3 and Elliott's Place development. Concern again was expressed by the TRC over Land Use Policy inconsistencies, specifically, the modification of the natural 100 year flood line in order to obtain a cluster density greater than 2.5 units per acre. -Apr. 22,1998: Grand.Bay Beau,Rivage is reviewed and "tabled" by TRC based on Land @ _ Use Plan inconsistencies. Proposed project is located on the west side of River Road across from Cathay Road and encompasses Tract 2. -May 13,1998: The Planning Board's Technical Review Committee denys approval of Grand Bay @ Beau Rivage for 78 units. Denial of the project by the TRC was based on the modification of the sites' natural topography and the -100 year flood line displayed as Conservation in the County's Land Use Plan in order to obtain a cluster density greater than 2.5 units per acre. Based on the County's adopted 1993 Land Use Plan, areas designated as Conservation generally include all marshes and adjacent lands within the 100 year floodplain. The intent of the Conservation designation for property such as this into provide:for long term management and protection of significant, limited or irreplaceable natural resources. Exceptional developmerits preserving natural features are permitted; however, the residential density should never exceed 2.5 units per acre. Alternatives v~~ere suggested by the TRC. One suggestion was to modify Grand Bay to reflect a total number of 50 units (2.5 units x 20 _ bui~ld`able acres on site). The redesign to 50 units would more accurately reflect ~~ ~~~ .~ ~ other~marsh or waterfront development in the County in accordance with -~, _~~~ ~ ::~ ~ cumerit~Land Use Policy. i. ~ ~v~ ~,r:i ,~ ~,~ ~^ a%"~-~ f .~ r. • DEXTER L. HAYES Planning Director May 15, 1998 NEW HANOVER COUNT' PLANNING DEPARTMENT - 4I4 CHESTNUT STREET, ROOM 304 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) 341-7165 FAX (910) 772-7868 Mr. Nathan Sanders SANCO of Wilmington P.O. Box 3167 Wilmington, NC 28406 ' Re: Grand Bay @ Beau Rivage (Performance Site Plan) Dear Mr. Sanders: In regular session on May 13, 1998, the Planning Board's Technical Review Committee . (TRC) voted 3-2 to deny the above referenced site plan for 78 units. This decision by the TRC is . in accordance with section 32-3 (b) of the County's Subdivision Regulations. Grand Bay is part of Beau Rivage, a performance residential development approved by the County in May, 1986 . for 1.,153 units. The Grand Bay section was considered as a revision to the Beau Rivage project. Density transfers within the Beau Rivage site is permissible through design approval by the TRC. This property is located on the west side of River Road across from Cathay Road near the ,Monterey Heights development. In rendering their decision, there was a great deal of discussion relating to the modification of the sites natural topography and the 100 year flood line (displayed as "conservation" in the County's Land Use Plan) in order to obtain a cluster density level greater than 2.5 units per acre. According to the County's 1993 Land Use Plan, areas designated as "conservation" generally include all marshes and adjacent lands within the 100 year floodplain. The intent of the "conservation" desisnation for property such as this is to provide for long term management and protection of significant, limited or irreplaceable riatural resources. Exceptional developments preserving natural features are permitted; however, the residential density should never exceed 2.5 units per acre. Altering an area designated as "conservation" by adjusting the natural topography for the purposes of increasing density is inconsistent with the County's adollpted Land Use Policies. l . -~-~~ - 71 72 Grand Bay Lttr. (Cont'd) As an alternative, the TRC Chairman suggested that Grand Bay be redesigned to reflect a total number of units of 50 (2.5 units x 20 acres on site). If redesigned to 50 units, the project would more accurately reflect other marsh or waterfront development in the County in accordance with Land Use Policy and hopefully reduce the amount of impervious surfaces. If redesign is not a choice, the decision by the TRC may be appealed to the Board of County Commisioners at which time they may affirm, modify, supplement, or remand the proposed plan back to the TRC. If appealed, a letter requesting such must be mailed to Lucie Harrell, Clerk to the Board, 320 Chestnut Street, Wilmington, NC 28401. Attending the meeting were: James Wolle, TRC Chairman; Joyce Fernando, Rodney Harris, Kirk Davy and Bob Murphy, TRC members; Adam Rahhal, County Engineer; Kemp Burpeau, Assistant County Attomey; William Grathwol, developer;. Greg Wayne and John 3ernigan, Hanover Design; Gary Shipman,, Attorney; members of the Planning staff acid you. Contact me if you have questions relating to the Grand Bay, site plan,at Beau Rivage. Our phone number is 341-7165. cc: Dave Weaver, Assistant County Manager Kemp Burpeau, Assistant County Attorney Lucie Harrell, Clerk to Board Gary Shipman, Attorney Planning Board members . Adam Rahhal, County. Engineer Zoe' Bruner, CAMA Mike Taylor, Corps Engineers Ann Hines, Zoning Enforcement Greg Wayne, Hanover Design 2. Sincerely, S.c~.L3~.~e~o S.A. Burgess Staff Planner r-, MEETING OF THE WATER AND SEWER DISTRICT [This page intentionally left blank) 74 ~- NEW HANOVER COUNTY BOARD OF COMM(SStONERS ~~ REQUEST FOR BOARD ACTION Meeting Date: 03108199. Water & Sewer Item #: 2 Estimated Time: 'Page Number. .Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell , SUBJECT: Approval of Minutes -,Water & Sewer District -BRIEF SUMMARY: Approve the following sets of minutes Regular Meeting, February 1, 1999 Regula Meeting, February 15, 1999 ` - RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: ~ " . ~ ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW .COUNTY MANAGE C MMENTS AND RECOMMENDATIONS: Approve minutes. ' COMMISSIONERS A IONS/COMMENTS: , . __ ~4U~t'Y C~~il~l~i_~ ,..a _~ " ` APPPfl~fED ~'~. . ~ . REJEGTEDi REMpYED' ~osrtPON~ o 7 5 _ _ _ . , . _ ~ ~ t, H>A~® a~Ar~ ~3;8~ - ` __ ~~ ' [This page intentionally left blank) 76 ~ 3y. _..,. _,4 . ~~ '~w~wF xY`,~.A ~ ~4' id °"~.""_ ` .mss` t ~ ~qM 9k 4l.iJ V M1. ~ T:..f~~'Y~°54aJ~3 .. ' ~; CONSENT AGENDA NEW HANOVER COUNTY BOARD OFrCOMMISSIONERS .~ MARCH 8, 1999 : ITEMS OF BUSINESS ~ ~ PAGE NO. - 1. Approval of Minutes 79 2. Approval of New Hanover Regional Medical Center Leases 81 3. Acceptance of grant award to Emergency Management from N.C. 85 Department of Crime Control & Public Safety, Division of Emergency Management and approval of budget amendment #99-0096 . 4. Acceptance of grand award to Emergency Management from N.C. 87 Department of Crime Control & Public Safety-Division of Emergency Management and approval of budget amendment #99-0095 ' ~ 5. Acceptance of 1998-99 EEOC grant and associated budget amendment 89 #99-101 6. Approval of contract #99-0274 with Wally's Fire & Safety, Inc. for two ~ 91 - thermal imaging systems for Fire Services ' 7. Approval of grant application -Hispanic Prenatal. Project -Partnership 93 For Children 1999-2000 Smart Start Funding $12,500 8. Approval of Grant Application Preventing HIV Effectively (PHIVE) 105 A Funding Proposal for Kate B. Reynolds Charitable Trust.Health Care Division 9. Approval of Grant Application Intensive Home Visiting Program (IHVP) 111 Partnership for Children 1999-200 Smart Start Funding $100,000 ~ ` . . 10. Approval of HUD Disaster Recovery Initiative program -Capital Project 125 Ordinance; grant agreement ,~ 11. Approval of Budget Transfer for Hugh MacRae Nature Trail 133 WID 12. Approval of Resolution: Request NCDOT to add Seaspray Drive and 135 ', Station Road Extension to the State Highway System + ' 13. Approval of Budget Amendments: 77 13.1 #99-29 Courthouse Renovation Capital Project/Commissioners/Non-Dept. ~ I37 j 13.2 #99-0094 District Attorney-Domestic Violence Unit ,~~J , , 13.3 #99-0097 Hurricane Bonnie Revenues 13.4 #99-0106 Human Service Transportation 13.5 #99-0108 Health/Vector Control 13.6 #99-0109 Health/Various Title XIX reimbursements 14. Approval of request for reimbursement: Carolina Beach Erosion Repair 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION • Meeting Date: 03/08/99 . Consent Item #: 1 Estimated Time: Page Number. Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve the following sets of minutes: Special Meeting, Board of Education Regular Meeting Emergency Meeting, Hospital Bonds Continued Meeting, Hospital Bonds Regular. Meeting RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW January 25, 1999 February 1, 1999 February 4, 1999 February 5, 1999 February 15, 1999 C6UNTIP I~0"ii~~~"~. ARPROVEI REJECTEt REMOVEt~ (~ POSTPONED (~ , HEARD SATE .~.~ / _~l_/_g_4 -; i 79 ~... •: ~i [This page intentionally left blank) rc~~-~ ~~ w4y ~rut~~lr; ~ ~~ ~~~_ ~ ~~ !3 i l ~ ~:P~~~c'-..:.'~~ ttC ~rrw J~' i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Contact: Andy Atkinson SUBJECT: New Hanover Regional Medical Center -Leases BRIEF SUMMARY: Property located at 2460 Delaney Avenue is up for reconsideration of the lease. Coastal AHEC will continue to be the tenant. Due to recent reimbursement changes, the facility will be sub-leased to Coastal AHEC. The Wilmington Health Specialties will continue to use the space. The proposed lease is for ' $14/sq. ft. The second lease is for medical office space located at 5302 Oleander Drive. Wilmington Orthopedic Group is interested in leasing Unit A. The unit has X-Ray Equipment installed in the facility, making it very suited for an orthopedic office. Lease proposal calls for a rental rate of $16.22/sq. ft. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend leases be approved. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: As you requested, Regional Medical Center lease renewals are now b ' g placed on the consent agenda for your reveiw. The County has no need for these spaces, therefore, mmend approval. COMMISSIONERS' ACTIONS/COMMENTS: ~OUNT~ 'COR~~iS'~i®~ APPROVED .~~- REJECTED REMOVEp -- -. ~ POSTPONED T HEARD C / I 81 _...__ _•_ ...-- (DATE .3-/ ~-/ g~ ~ February 16, 1999 82 Andy Atkinson Deputy County Manager New Hanover County Government Center 320 Chestnut Street Wilmington, N.C. 28401 Dear Andy, It is our understanding that the New Hanover Board of Commissioners would like to be informed of any real estate the Medical Center proposes to lease to other entities. In the event that there are County needs for this property, they would like to have the opportunity to discuss this before NHRMC enters into a lease agreement. In accordance with this; the Medical Center has two proposed leases that we would like to proceed forward with, it is my understanding that these will be presented on the Consent Agenda at the upcoming Commissioner's meeting. The first proposed lease agreement is with Coastal Area Health Education Center for the property located at 2460 Delaney Avenue. The property has been used by Coastal AHEC for several years for the Women's Health Specialties South practice. Due to recent reimbursement changes, the facility will'be sub-leased to Coastal AHEC. The Women's Health Specialties South practice will remain in that location. The proposed lease is a fair market rate of $14.00 per square foot. The second lease proposal is for the medical office space located at 5302 Oleander Drive. Wilmington Orthopedic Group is interested in leasing Unit A of this Medical Office Building. Given the design of the building and the X-Ray equipment which is installed in the facility, it is ideally suited for an orthopedic office. Wilmington Orthopedic Group proposes to lease this space for a fair market rate of $16.22 per square ~~ foot. _ r' ~~~~r~~~F~ j `~ C~it~~ New Hanover. Regional Medical Center P.O. Box 9000 / 2131 S. 17th Street / wimington, NC 28402-9000 91043-7000 /Fax 910-343-7220 Andy Atkinson Letter Page 2 Please let me know if you need any additional information about either of these proposed lease agreements. Both of these tenants are prepared to utilize this space immediately upon execution of the lease agreements. Sincerely, ~~ Richard L. one , FACHE Vice Presi ent, trate~ic Services RLJ:bIs pc: Bill Atkinson, President and Chief Executive Officer, NHRMC Kathleen Gormley, Chief Financial Officer • [This page intentionally left blank) (`l 84 ~ ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Consent Item #: 3 Estimated Time: Pa ~ Number: 9 Department: Emergency Management Presenter: Contact: Dan Summers SUBJECT: Grant award to Emergency Management.from N.C. Dept. of Crime Control St Public Safety-Division of Emergency Management BRIEF SUMMARY: Emergency Management has been awarded a grant in the amount of $2,353.00 for the purchase of hurricane preparedness and mitigation plastic litter bags. No County funds are required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant. Request approval of budget amendment #99-0096. FUNDING SOURCE: State $2,353.00 ATTACHMENTS: BA#99-0096.w REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONER S/COMMENTS: ~OUf1iT~P CO~~I~iit'G~" REJECTEQ ~ ,,~ ",'" :~ REMOVED° i4:;"~ . POSTPONED ~Ij';~"~ __~__, MEARD ~J.~~`^~~ t -85 ;~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Consent Item #3 DEPARTMENT: Emergency Management BUDGET AMENDMENT #: 99-0096 ADJUSTMENT DEBIT CREDIT NC Dept. of Crime Control 8~ Public Safety $2,353 grant Departmental Supplies $2,353 EXPLANATION.: To budget grant received from the NC Department of Crime Control and Public Safety -Division of Emergency Management for purchase of hurricane preparedness and mitigation tote bags (no County funds required). APPROVAL STATUS: To be approved by Board Of Commissioners ,~ COUNTS G6MMISea ~~ REJi=~TE,~~~~ ~+~~ R EM C}~ ECG}~~'~ n GRifA~1... 3 ~' q9~~~ --- 4 DAT~~___._.~._.,..~v._. ~. . . ._ , _,..~ 86 ~ ~~~. ~, . y. ' ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting .Date: 03/08/99 Consent Item #: 4 . Estimated Time: Pagd Number Department: Emergency Management Presenter: Contact: Dan Summers - ' .SUBJECT: Grant award to Emergency Management from N.C. Dept. of Crime Control & Public Safety-Division of Emergency Management BRIEF SUMMARY: . Emergency Management has been awarded a grant in the amount of $6,475:00 for the purchase of EM2000 specialized software, computer hardware, training and support & maintenance. No County funds are required. . RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant. Request approval of budget amendment #99-0095. FUNDING SOURCE: State $6,475.00 1 .ATTACHMENTS: ' BA#99-0095.w = REVIEWED BY: LEGAL: NIA FINANCE: Approve BUDGET: HUMAN RES OURCES: NIA COUNTY MANAGER'S CO NTS AND RECOMMENDATIONS: Recommend approva . COMMISSIONERS' A I S/COMMENTS: I~ i ', ', .. ~ .... COI~I~P ~ ~~ . ~ AP=PRO\f Ei3 `~~~_ v - !.' - 'iRtftllQY~®` ®..~~ Syr ..•r ,. .. ._ ~- - ~ . _ I . -- 0~-f EARI'~ ~A~I` .~.~!g~`r9,.~. ~ . r.... .~~,., ., NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment . Consent Item #4 DEPARTMENT: Emergency Management BUDGET AMENDMENT #: 99-0095 ADJUSTMENT DEBIT CREDIT NC Dept. of Crime Control & Public Safety $6,475 Grant Departmental Supplies $600 Capital Outlay -Equipment $3,000 Maintenance & Repair -Equipment $375 Training and Travel $2,500 EXPLANATION: To budget grant received from the NC Department of Crime Control and Public Safety -Division of Emergency Management for purchase of EM2000 specialized software, computer hardware, training, and support and maintenance (no county funds required). APPROVAL STATUS: To be approved by Board Of Commissioners _. _ - - --~ C411i ~B~NtiS~l~i~ APPRO~[} L'~ ~~``!?EJrC~~~.~. -~.-~~~ri ~~ ~s~ POSTP~rl~[ ~ ;.,,~~~ o~~a~ 3 ~ _T (~~~.-^ ~ATE.~,~~g B~q~~~wrr'-~ 88 ~ v~. ~' ~+~,~ ) ~~ ~'~~1 -, - - .. t.. NEW HANOVER COUNTY BOARD OF COMMISSIONERS .. `' ~ ~ REQUEST FOR BOARD ACTION - ~ Meeting -Date: 03/08/99 .~~ Consent Item #: 5 Estimafed Time: Page Number: ,Department: Human Relations Presenter:. ; ~_ Contact: Anthony Wade . SUBJECT: 1998-99 EEOC Grant '. BRIEF SUMMARY: . The Human Relations Department has been. awarded the standard EEOC grant for FY 98-99 in the , amount of $32,200. . The budget amendment is prepared for the difference in the amount already budgeted and the actual ' amount of the grant. ~~ RECOMMENDED MOTION AND REQUESTED ACTIONS: } ~ Recommend acceptance of the grant; request authorization for the Human Relations Director to sign the grant; request approval of associated budget amendment #99-0101. FUNDING SOURCE: . ~ Federal $32,200 ATTACHMENTS: - Ba99-101.wp v REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S C NTS AND RECOMMENDATIONS: , , .~ Recommend appro. k ' COMMISSIONERS' A TIO S/COMMENTS: ~. ' ~~ ~ ak'~ T} "` APB ~ {y~Fi.. 1~ ' "~JO.~ i ~Ei~01fE1~1 '~ m ..# ._ _.~ __ H>:~1~~~_ .. __ _ ~ a : ~ 8 9 . . ~ ~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting .Date, : 03/08/99 Budget Amendment ~ ~ . Consent Item #5 DEPARTMENT: Human Relations-EEOC BUDGET AMENDMENT #: 99-0101 ADJUSTMENT DEBIT CREDIT EEOC Grant $6,200 Advertising ~ $5,000 Travel and training $1,200 EXPLANATION: To increase budget to reflect the amount of the new award for FY 98-99. APPROVAL STATUS: To be approved by Board Of Commissioners 3 ~ ~ ~"~~ ±~ 2~'oa~ GpU1U ~®~i~aC~~ ,. ~ 'J N R~nr~av~r~ ~,_, ,. PUST,I'O l~ ~ ~'~ a,~ { HEARD ~... ~~~ _. _..~ i 4,~ ~~I~ ~. ~~, 9ATl~ a~=-- ~a q~~ .~, 9 0 ~ ~ ~ ~ j~ ~.~_ ~t $ Y-4vt~ ~t r t ~ t i ' @ } .~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 ~~. Consent Item #: 6 .Estimated Time: .Page Number: Department: Fire Services Presenter: Contact: Amy Akin SUBJECT: ;Approval of contract # 99-0274 with Wally's Fire & Safety, Inc: for two thermal imaging systems for Fire Services. . BRIEF SUMMARY: ..The Fire Services Department has spent several months researching the different thermal imaging products available. The City of Florence, South Carolina formally bid a thermal imaging system in ' - January.. Four bids were received and the City of Florence awarded the contract to. Wally's Fire & Safety, Inc. the lowest bidder. Wally's Fire 8~ Safety, Inc. has extended the same price to the County. Staff is requesting approval of contract with Vendor through the "piggyback" option as allowed in General Statute 143.129. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of attached resolution approving. contract # 99-0274 with Wally's Fire & • Safety, Inc. in the amount of $33,132.00 for two thermal imaging systems for Fire Services. Contract approval made under the "piggyback" option allowed in General Statues 143-129. FUNDING SOURCE: - Funds are available in account 130-436-4340-6400 for this purchase. ATTACHMENTS: • The resolution is being transmitted as an attachment to the agenda item. 99-0274r.wp • The contract will be forwarded to the Manager's office separately. REVIEWED BY: LEGAL: Approve FINANCE:. BUDGET: Approve HUMAN RESOURCES: N/A ~PNt~4 ~~ ~ ~L'-_.._ ~'€}S~~'f5(ttE4~ O ~. ~~Ra . ®AT~ ~~_3/g/q~ ~ar-~~ RESOLUTION OF THE. . BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY . WHEREAS, G.S. 143-129 allows local governments to buy off of another government's contract if the vendor is willing to provide the item at the same or better price; AND WHEREAS, the City of Florence, South Carolina formally bid the purchase of three (3) thermal imaging systems and awarded the bid to Wally's Fire & Safety, Inc., the lowest of four (4) bidders, and written notification of award by the City of Florence to Wally's Fire & Safety, Inc. was made in January 1999 to secure product; ' AND WHEREAS, funds are available to purchase two (2) thermal imaging systems;for the Fire Services Department; AND WHEREAS, Wally's Fire & Safety, Inc: °has offered to extend to New Hanover County the same unit pricing provided to the City of Florence, South Carolina to purchase the thermal imaging systems, pricing as follows:. • Two (2) Thermal Imaging Systems Wally's Fire & Safety, Inc. $33,132.00 AND WHEREAS,. the Fire Services Director, the Finance Director, and the County Manager recommend that the contract for two (2) thermal imaging systems be awarded to Wally's Fire & Safety, Inc., based on the unit prices as 'contained in the ,award 'by the City of. Florence, South Carolina, resulting m a total contract amount- of Thirty-three. Thousand One Hundred Thirty-two Dollars ($33,.132.00); ~ . AND WHEREAS, funds and are now in Account No. 130-436-4340-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for two thermal imaging systems for the Fire Services Department, be awarded to Wally's Fire & Safety, Inc. in the amount of Thirty-three Thousand One Hundred Thirty-two Dollars ($33,132.00); and that the County is hereby authorized and directed to execute contract # 99-0274, contract form to be approved by the County Attorney. This 8th day of March, 1999. (SEAL) • Chairman, Board of County Commissioners s uyarr~ FATT'EST'"_~ ~.,.~ .~~;~` ~~~ Clerk to the Bo`ardF~=-~ • 92 rr'~ Q~ ~~~,~ ~+~~ '. ,,~. ,_. ~F~~ • r~ U . ~ - ~; NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Consent Item #: 7 Estimated Time: Page Number: Department: Health Presenter: Betty Jo McCorkle Contact: David E. Rice SUBJECT:. Grant Application-HISPANIC PRENATAL PROJECT-Partnership for Children. 1999-2000 Smart Start Funding-$12,500 BRIEF SUMMARY: The New Hanover County Board of Health (BOH) approved this grant application for $12,500 for the following: HISPANIC PRENATAL PROJECT-The Hispanic Prenatal Project will provide educational support services for Hispanic pregnant women who receive care through New Hanover County Health Department's prenatal services. Strategies will target barriers to prenatal care and will address transportation (for prenatal visits, childbirth classes, WIC services, etc.), prenatal vitamins, diabetic supplies, car seats, interpreter services, mother/baby supplies and prenatal support education sessions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant application. If grant is approved accept grant, approve related budget amendment, and authorize county manager to sign necessary grant documents. FUNDING SOURCE: ATTACHMENTS: yes REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: NIA Recommend MMISSION GER'S COMME ~J APPR~~E~ ~~- ~ ; ~; ; -" REJEC`T'S ,® ~2EM01/ED POSTPOIVE® HEARD 93 News Hanover County Partnership for Children 1999-2001 Smart Start Funding Application Cover Shat Activity Title: Hispanic Prenatal Project Organization: New Hanover County Health Department - women's Health-Care Division Address: 2029 S. 17th St. Wilmington,. NC 28401 Ezecntive Dirtactor/CEO: David E. Rice, Health Director ~ Tdlphone: 910-343-6500 Contact Person: Betty Jo McCorkle Telephone: 910-343-6660 Tide: ~ Director Women's Health Care Division Fai Number. 910-341-4146 Type of Agency: ( )Non-Profit'(ACtsce, copy oCageacy's sot(cx3) «rtification lens) (X) Public ( )Private Feden! Taz Identification Number. 56-0989131 94 ~~ Brief Activity Abstract: .(In l00 words or less, indicate what service is to be Prodded and who will receive the strvia. Please be general in your descripcioa) The hispanic Prenatal Project will provide education and support services for hispanic pregnant women who receive care through NHCHD's prenatal services. Strategies will target bazriers to prenatal care and will address the following specific needs: transportation (for prenatal visits, childbirth classes, wIC services, etc.), prenatal vitamins, diabetic supplies, car seats, interpreter services, mother baby supplies and prenatal support education sessions. Goal(s) Addressed by this Activity (Appa,dcc Al; Iv v Objectives Addressed by the Activity (Apprnd;xA): IVA vA vc Total Activity Budget: S2o, 136 Smart Start Funds Requested• Will you seek funding for this activity for a second year° Yes Amount: Rave you ever applied for Smart Start funding? No Have you ever eived Smart Start funding? No If yes.,~a~eAativity(ies): ,~~:..~._.f .,~ A. Si>zn~ture - .~~~;~ ~~~ NOT WRITE BELOW TAI' r/CEO s12,~o0 st2,~oo .a3~,~~~ Date LIlYE. _ CCSLB _ CC-0THER _ HEALTH _ FAMSC'PP _ OTHER PC'RP.SER~' CODE COtl.iBOR.~TiON L.E~'. FLNDL~G .iD~fi\ COST • I. - Hispanic Prenatal Project II. Goal(s) IV -Information and resources for families -- V -Access to comprehensive medical care III. Objective(s) HPP IVA -Mothers will participate in weekly health education and support group sessions for the duration of their pregnancy and will receive information on the following topics: minor discomforts of pregnancy; warning signs in pregnancy;. nutrition; drug and alcohol use; prenatal sen~ces; childbirth; child health services; childhood immunization schedules; well child clinics; choosing a pediatrician; access to services (transportation assistance, etc.). VA, VC -Mothers will receive information as stated above which will provide emphasis on the importance of early preventive health care for young children. IV. Benchmark(s) -Goal IV - 100% of the Hispanic population who seek prenatal care through the New Hanover County Health Department (NHCHD)-sponsored prenatal clinics w711 have increased knowledge of prenatal and child health resources and services 90% of the above-mentioned population will participate in weekly prenatal health education and support groups in order to gain knowledge related to parenting skills 100% of the above-mentioned population will demonstrate satisfaction with the accessibility and availability of prenatal services Goal V - 90% of the above-mentioned population will have knowledge of child health services, specifically: - childhood immunization schedule - need to identify a pediatrician prenatally - availability of well-baby clinics and HCT clinics throughout the community ~ _,. 95 HPP V. Full Description of this Activity A. The Hispanic population in New Hanover County is steadily increasing. Presently, the prenatal clinic at Coastal Ob/Gyn (New Hanover Regional Medical Center) serves a caseload of 600-700 pregnant patients. The Hispanic population at the current time is approximately 5% of the total. The majority of these women lack resources to ensure a healthy pregnancy and a healthy baby. The goal of the Hispanic Prenatal Project will be to improve pregnancy outcomes among Hispanics through comprehensive and early prenatal care and parent education. Healthy babies are the best start.to ensuring a healthy childhood and preparation for school. Health and parent education, along with the resources and incentives provided to the Hispanic maternal population will help ensure that Hispanic pregnant moms receive comprehensive prenatal care. Babies will be linked to primary care at birth. Education will include choosing a doctor, payment sources, v~•ell child care and immunization schedules, and community resources for children. During pregnancy, parents are well motivated to grasp and retain information related to optimal health and safety practices for themselves and their babies. The provision of health,~parent education and support services will be provided by New Hanover County Health Department Maternity Care Coordinators (MCCs) who are nurses and social workers at the Coastal Ob/Gyn clinic which is housed at New Hanover Regional Medical Center (NHRMC) and staffed by public health and hospital employees. Occasionally home visits are also done to follow-up on missed appointments or high risk pregnancies. An MCC will determine the. family's resource needs such as financial, 96 -z- ' HPP '. transportation, health and safety supplies, lan ua e skills, etc. The MCC will . g g arrange, through grant funds, for supplies and much needed services as listed on the budget narrative. ~. The health department has been involved in the community HOLA group (Helping Our Latino Americans) and has heard the widespread need for additional services. We also work with several Spanish interpreters who have given us input on the needs of the Hispanic community. We are working hard to provide comprehensive culturally appropriate services to . this population. The NHRMC OB Center and health department staff have worked together to establish a weekly Hispanic Prenatal. Support Group which is staffed by a health department . nurse and a hospital nursing assistant who is fluent in Spanish.. In addition, the health department contracts with a local service to provide Spanish translation and interpretation for our Hispanic clients. ` ,~ . B. Collaboration NHCHD Women's Health Care Division works cooperatively with NHRMC's Coastal ` . . ~ObiGyn Clinic to provide comprehensive prenatal services to the community. In addition, the ' health department provides .MCC services at private and community prenatal sites: Cape Fear Obr`Gyn, Carolina Ob/Gyn, Community Health Center and Coastal Family Medicine. NHRMC's `Migrant Initiative office is also seeking grants to work with the Hispanic population, in general, - in Southeastern NC. NHCHD staff attend HOLA meetings regularly. MCCs work closely with - other health department services such as WIC and CSC to provide a continuum of caze. MCCs can refer these families to the Child Service Coordination (CSC) or Parents as Teachers (PAT) .programs, as appropriate, when the baby is born. -3- 97 HPP New Hanover County. has low cost. transportation options for-MCCs and CSCs to access if these grant funds become available. MCCs also have along-standing relationship with DSS staff and always seek assistance for eligible clients. C. Leveraged Funding No other funds.are being sought for this project presently. In-kind contributions from the health department will include staff time (public health nurses, social workers, clerical support, and health educator) to assess .resource needs and assist with acquisition of services. In-kind will include storage space for supplies. Administrative support time will include the Women's Health Care Division Director's time, PHN. III time and clerical support time. See budget for total in-kind. D. -System Change This grant would provide a short term resource. Statewide changes need to occur in order to provide permenent resources for Hispanic families. Iv'HRMC is starting to make an effort to address immigrant needs in Southeastern NC. The system of basic prenatal care is in place; however, additional resources are needed to ensure comprehensive prenatal care. Many government resources cannot be accessed by Hispanic families who aze not legal. E. Timeline July 1, 1999 -Order vitamins; purchase incentives,~diabetic supplies, bus tickets August 1, 1999 -MCCs will be accessing the Hispanic Prenatal Project funds as needed - Develop data collection tools - Collect baseline •data on prenatal care/pregnancy outcomes among the Hispanic population - Establish curriculum for weekly support meetings ~ - 9 8 -~- HPP Se tember 1 1 - tart d p 999 S collecting ata on Hispanic prenatal care (number of prenatal `, visits, pregnancy outcomes, need for resources, etc.).' June 1, 2000 -Pregnancy outcomes to be analyzed and compared to previous data available ' VI. Outputs. (Numbers/Counts) A. ~ 30+ newborns will be served. ' B. 30 Hispanic prenatal patients will receive services C. N/A D. N/A E. 30 patients will receive information related to healthy pregnancies and community resources F. 60 referrals will be made to community resources :. a G. Weekly support group meetings H. 15 home visits will be made _ I. Prenatal care visits - 150 clinic contacts . VII. Activity Outcomes -Hispanic pregnant women: ily i a- w rece ve a minimum of 10 renatal visits Burin re nano P gP g Y -b-will demonstrate adequate weight gain during pregnancy as documented by the weight- gain grid c-.will attend a minimum of 8 education/support group sessions d- will demonstrate knowledge of services/resources for self and child through pre- and post-test measures e- wit`1 receive prenatal .vitamins at initial prenatal visit f- will receive. car seat and car seat education prior to delivery g- will receive.WIC services VIII. Organizational Capacity The NHCHD has worked w7th NHRMC for over 25 years providing the public health component of prenatal services to include one-on-one counseling, individual and group education, home visiting, referrals, and since 1989, Maternity Care Coordination (MCC) services. We provide quality, comprehensive services by professional RNs, social workers, ! health educators, and nutritionists. Iri addition, we provide care coordination services (MCC) to - 99 -5- . \~ HPP the prenatal population at Coastal Ob/Gyn Center, two private OB offices (Cape Fear Ob/Gyn, Carolina Ob/Gyn), the Community Health Center, and Coastal Family Medicine. The maternal health services provided by the health department compare with the child health component of care coordination (CSC). The public health concepts w•hich,address the holistic approach to families through identification of the individual "patient' is carried out throughout all services offered through the health department. Public health services address prevention, education, clinical services, referrals,. and follow-up of individuals and their families. The health department has not received any funding to specifically address the prenatal Hispanic population. IX. Evaluation Plan A. Data Collection 1. Tools a- pre and post tests ' b- prenatal medical records c- education session log d- car seat log e- supplies/vitamin log f- transportation log g =satisfaction survey 2. Methods a- pre and post tests will be administered at the initial visit and in the 3`d trimester to document increased knowledge of ser<-ices and resources for mothers and babies ~~~' b- prenatal medical records will be reviewed following delivery to document the number ofprenatal visits received and the amount of weight gain c- education session logs will document support group sessions and attendants d- car seat log will. document car seats given and car seat education provided e- vitamin supplies log will document prenatal vitamins and/or diabetic supplies provided . f- transportation log will document taxi trips approved for transportation g- a satisfaction survey will be completed by each participant in their 3`d trimester 3. Clerical staff and PHN III will collect and.analyze the data -6- 1.00 HPP ` ~ B. Dissemination of information l . Data collected will be used to document program successes in order. to successfully seek additional funds for continuation of the program 2. Information will be reported as required (quarterly/annual reports, etc.) . C. Timeline ~ ' ° ~ A-July 1, 1999 -begin collecting baseline data -create pre and post test - establish log/activity sheets . ~ -establish satisfaction survey B- August 1, 1999 -implement pre and post tests " -implement log/activity sheets X. 1vlarketing Plan Advertise, recruit and refer through the following (using Spanish and English versions): .. - Hola . -Health Department divisions Women's health service providers within the community Radio PSAs -Newspaper ads The Smart Start logo will be used on all printed advertising. Smart Start funding sowce. will be creditzd on all oral advertising. XL . Sustainablity The NHCHD will apply for future grants through the March of Dimes, CHIP through NHRMC, etc. in order to sustain this program. ~ ' -7- . 101 BUDGET Or'9a~t'O^: Nev Hanover County Health Department -- women's Health Care D vision Activity Titfe: Hispanic Prenatal Project Tune P~rlod: 1999-2000 SIMART START OTHER CASH N-KNVD TOTAL Personnel 11 Sala 1W sJBenefiu 7 436 7 -435 t2 flatted Services 7 500 '. 7 500 13 TOTAL PERSONNEL/COKTRACTED SERVICES 7 500 14 , 936 Su ks and"Materials t 4 Officre Su ~ s and Materials t5 Services Related ~ s 4 400 ' 16) Totai Su lies b Material Cost 4 400 Curr~rtt 0 ' 1 Travel 18 Comrr>unica•tiori etc- - ~ ' 19 L-biities 20 and Bind 5 0 21 R it and Maintenance 22 Meeti slants 23 Em ee Tra" ' no 24 Classified Adv ' 25 Other. 26) TOTAL.NON-FIXED OPERATING EXPENSES 800 800 Fixed Cha and Other Ex 35 Office'Rent Land Buiidi etc. 38 F umiture Rental ~ 3 E i Rental s Com etc. ( } 38 VehiUe Rental ~-`~ 39 Dues and Sut~scti , 40 Insurance and Bonds • 33 Book/Libra Reference Material • 34 Other ses: 3S) Total Fixed Charpes:3 Other Expenses Ca IOuW 36 Buiidi 3 I 37 Leasehold I ements . ~38 Furniture/ N E 5500. + item • 39 E ui 5500. + item 4p Furrvtvrn/E under 5500. `41 :Total Pro b Equi rtt Outfa Contracts b Grants ` 42 Purchase Of Services 43 Contracts with Servioe Providers Related 44 Contrails with Service Providers, Non-Related 45 Sti nds/Schdarshi 48 GrantsJ'Cash Awards, Related Parties 4 GrantslCash Awards Non Related Parties 48 Grants/tJon-Cash Awards 49) Total Sefvices/ Grants/ Contracts I Participant Training Expense -- l ) S1) Total Expenditures 12 700 20 136 1 t m:.,. sn: 3 e, . ~ HPP ' • ` S ~IART START BUDGET , -, In-kind ~ . - ~ ._ PI-i~I III - 3. hrs/wk = $3,900 CS II --1 hr/wk _ $728 . . HE I - 2hr/wk = $1,32 . ~ PHN Dir. - 1 hr/wk = $1,456 Tota] in-kind = $7436 Incentives = $600 . : -newborn items, developmentally appropriate toys, books, Refres&ments $300 for weekly education/support group meetings Interpreter/translator $2,700 a -for interpreter services and translation of written materials _ 518!hr x 150 hrs Transportation $4;800 ' bus tokens, taxi contracted sen•ices Prenatal vitamins $1,050 -150 bottles of 100 each x $7 each Diabetic suPPties 5250 1 elucose monitor • -diabetic supplies to include lancets, reagent strips, insulin -Car seats, $1,500 -.30 car seats @ $50 each - Education materials $1,000 ~ ' -printed material, videos, etc. in Spanish Printing $500 -flyers, brochures for advertising • TOTAL OPERATING $12,700 .103 -, [This page intentionally left blank) 104 ~~ ~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS - REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Consent Item #: 8 Estimated Time: Page Number: Department: Health Presenter: Beth Jones, Communicable Disease Nursing Director • Contact: David E. Rice, Health Director .. SUBJECT: . Grant Application-PREVENTING HIV EFFECTIVELY (PHIVE)-A Funding Proposal for Kate B. Reynolds Charitable Trust Health Care Division BRIEF SUMMARY: The New Hanover County Board of Health approved this grant application for $190,000 for the following: PREVENTING HIV EFFECTIVELY (PHIVE)-This funding would enable New Hanover County Health Department (NHCHD) to assume leadership in coordinating HIV prevention activities focusing on reaching _ the five highest risk populations. The proposal to Kate B. Reynolds Charitable Trust is first to establish a ' • coalition. that will enhance collaboration by continuation of the HIV prevention community networking process. The coalition will facilitate ongoing needs assessment, resource information, and coordination of - ~ activities related to HIV prevention. The second part is to establish health education and specific peer education programs for all of the five populations in North Carolina ranked in greatest need of HIV prevention education: women of childbearing age; teenagers; substance users, including injecting drug users and alcohol abusers; minorities; and men who have sex with men. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Grant application for $190,000. If grant is approved accept grant, approve related budget _' amendment and authorize county manager to sign necessary grant documents. FUNDING SOURCE: ~ ~ i •_ ATTACHMENTS: - Yes-S pages ,. REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S ENTS AND RECOMMENDATIONS: .Recommend appr COMMISSIONERS' A TI S/COMMENTS: ._._.. - . COUf1iTiP ~Ofl~fl~l® . . • "' . APPROVED. . REJECTED ~EMOVFa ~ =,10 5 POSTPONED L7 _ ~ HEARD [~ ' SATE ~ f g/ 9~ PREVENTING H1V EFFECTIVELY (PHIVE) A Funding Proposal for Kate B. Reynolds Charitable Trust Health Care Division Since the AIDS epidemic began in the early 1980s, significant medical strides have been made to prolong and improve the life of those living with Human Immunodeficiency' Virus' (HIV), the virus that causes AIDS. While medical breakthroughs aze significant, they do not combat AIDS in the most effective way, which is primary prevention. Prevention efforts are not only more cost effective than treatment regimens, but, indeed provide opportunities for individuals to live healthy and productive lives. HIV prevention efforts must be as varied as the populations identified at risk since a single solution will not work. One of the most effective ways to address HIV prevention is to provide a vehicle for networking and collaboration. North Carolina had mandated and funded local community planning groups to collaborate on HIV prevention,efforts in .1995.. Community. networking has worked in New.Hanover and.surrounding counties.. Service.providers have networked with volunteers and affected populations to provide education on HIV risk reduction and prevention. The community planning. groups were notified in November 1998 that funding would be eliminated at the local level,effective December 31, 1998. Some of the accomplishments of the Southeastern North Cazolina HIV Prevention Regional Community Planning Group include a monthly newsletter to a mailing list of 250 including community based organizations and other service providers and individuals. The group also coordinated a variety of events arid activities including October 1998 AIDS Awareness Month activities, Friendship in the Age of AIDS, and the project Face to Face -- the AIDS masks exhibit at University of North Carolina at Wilmington (LJNC-W). Collaborators include local health departments; Coastal AIDS Resource Effort (CARE); CURE AIDS; Cape Fear Chapter of the American Red Cross; Wilmington Health Access for Teens (WHAT); Dreams Inc.; New Hanover Regional Medical Center; Coastal Horizons; Parents as Teachers (a parenting program); Planned Parenthood of the Capitol and Coast; and UNC-W., The accomplishments of this group are in lazge part due to the.part time administrator who provides the operational functions that keep the group viable -- monthly meeting scheduling and special events coordination. Planned Parenthood of the Capitol and Coast served as the fiscal agent for the regional group fora 12 percent administrative fee until funding was eliminated December 31, 1998. The local HIV Prevention Regional Community Planning Group needs a new home. It has already expanded beyond the planning stages. New Hanover County Health Department (NHCHD) is requesting approval to assume leadership in coordinating HIV prevention activities under anew name~P~HIU~E~(Preventing HIV Effectively) and will focus on reaching the five highest~nsk`p~~pulat~ons-~~The proposal to Kate B. Reynolds Charitable Trust is to establish a coalition that will enhanee~collaboration by continuation of the HIV prevention community ~, ~' ~ 1r/1i~Jlr~ networking process. The coalition will facilitate ongoing needs assessment, resource information, and coordination of activities related to HIV prevention. The second part of the Reynolds proposal converts the planning and coordination into implementation of specific education and services directed to targeted populations. The request is to establish health education and specific peer.education programs for all of the five populations in North Carolina ranked in greatest need of HIV prevention education: women of childbearing age; teenagers; substance users including injecting drug users and alcohol abusers; minorities; and men who have sex with men. .Peer education models are one of the most effective methods to affect behavior changes that prevent HIV, according to the Centers for Disease Control and Prevention (CDC). -The proposal requests funding of $190,000 to hire afull-time project coordinator for the coalition and to supervise the peer education programs, two health educators; and one medical office assistandphlebotomist/outreach worker. - ' The plan is to continue Teen AIDS Prevention, TAP, which began in January 1999, and is funded through June 30, 1999. TAP provides HIV/STD risk reduction using trained teen peer educators and adult mentors at six community sites facilitated by a health educator. Based on the TAP model, peer educator programs will be replicated for women of childbearing age to include substance abusers and minorities, many of who are medically indigent and underserved. An additional component of HIV/STD risk reduction will be to offer HIV counseling and testing at these alternate sites where educational programs are conducted. Early identification of HIV and referral for medical care is critical to preventing transmission of HIV to partners as well as unborn children. In addition, referral for treatment of substance abuse will be key to successful behavior changes. Sites selected for Year 1 for women of childbearing age include the New Hanover Community Health Center; the Halfway House for Women (a prison pre-release residential facility); Adolescent Parenting Program of New Hanover and Pender Counties; the Tileston Clinic (a Catholic church-sponsored free clinic providing medical care for idigents, many of whom are Hispanics; CURE-AIDS (a community-based AIDS service organization providing - HIV case management and adult day services); LTNC-W; and other non_profit organizations who have access to the target population but do not currently offer HIV/STD prevention education and HIV counseling and testing. Year 2 of funding. will expand the program into Pender County through collaboration with Pender County Health Department. Sites will be selected by Pender County Health Department staff and will include the mobile medical outreach van. ~` -2- 107 Year 2 of funding will add substance abusers in New Hanover County who are male, and will be inclusive to men who have sex with men and minorities, since they also have substance abuse problems. Yeaz 3 will expand the substance abusers component to Pender County and will have programs in place to treat all five top ranked populations identified at risk. A third health educator will be added to the staff in Yeaz 2. The project coordinator will also be seeking. other sources of funding with the goal of replicating the peer education programs. in Brunswick County and beyond, since the Regional Planning Group has participation from representatives of Qnslow, Duplin, and Columbus counties. NHCHD will provide in-kind contributions including program supervision, physical space, and other components listed on the budget page. . The contributions made by NHCHD will be an investment in the improvement of our community's health and will address one of the areas :identified in the,1998 community diagnosis. NHCHD requests approval and support from the New Hanover County Boazd of Health to submit the proposal to Kate B. Reynolds Charitable Trust Health Care Division, by~the March 15, 1999 deadline. 108 R w:~ m v 'o y m ~- o .+ c ~ ~ o N i O L t~ID C o!f q w t e C A L~~ = ~ ~` m 7 m m m~ m V ~ ~ O 2 . K O io ~ W E~ ~ m ~ E ~,, , ~ c M O p r -. m .~ +.' m ~ C ~ .. w c ,W ~ ~ M I ~ ~ , 0 7' d i O Q S , (y ~ ` C m ~ N O ~ V ` d q O 'O m C 'fl ~. ~ ~ .L~.. m 3 W W x a W ~ S ~j ~ Q V ... ~ ~'' M ` ~ ~ ~ ~ N ~ V N d PHIVE BUDGET Year 1 1999-2000 Salary and Fringe PHIVE Coordinator Salary........:..:... ..................$34,403 Health Educator Salary.........: ..........:.........:....... ~ 31,158 Health Educator Sala .....::.......31,158 ry ................. ... ..... Medical Office Assistant Salary .................... .... , 20, 301 Fringe -Retirement, FICA; Insurance (28%)...... 32,766 Total Salary 8< Fringe ......................................... .......:...................... $149,786 Operating Expenses ' Contracted Services ........................................:. : 8,400 (Program Evaluation, Transportation, Aids Awareness Month Activities) Departmental Supplies ..:.................................. 22,564 (Brochures,' office supplies, meeting. refreshments, outreach supplies, lab supplies, curriculum development materials, computer supplies and software, prizes and awards) Postage .......:...........................~........................ 1,000 Printing .............:.......:...................................... 1,500 Training &Travel...:......: .................................. 1,750 Mileage Reimbursement .........:........................ 3,000 Capital Equipment (2 PC CPU's) ...................~ 2,000 Total Operating Expenses .................................................................. 40,214 TOTAL BUDGET REQUEST .......................,.................................$190,000 NHCHD IN-KIND CONTRIBUTIONS (estimated)- Management/Administration 4 hrs/wk x 52 wks x $25/hr ...........:......... 5,200 Fringe (28%) .................~............,..~.......... ..1,048 Office Space (144 sq ft x $14/sq ft x 12 months).24,192 Telephone .............................................................. 1460 Copier Services ......................................:............... 600 Janitorial Services (4 hrs/month x $11/hr~x 12 mth) 528 Utilities ................................................................... 1,200 Total NHCHD In-Kind Contributions ................................................$ 34,228 (' -# ~ \ 110~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS - REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 ~, .Consent Item #: 9 Estimated Time: Page Number. - ` Department: Health Presenter: Janet McCumbee - Contact; David E. Rice - " SUBJECT: Grant Application-INTENSIVE HOME VISITING PROGRAM (iHVP)-Partnership for Children 1999-2000 Smart Start Funding-$100,000 _ BRIEF SUMMARY: ' The New Hanover County Board of Health approved this grant application for $100,000 for the following: INTENSIVE HOME VISITING PROGRAM (IHVP)-Thais program would be piloted with support from the ' Division of Women's & Children's Health and the UNC School of Public Health. At-risk families, identified" by program criteria, will be visited frequently regarding parenting, health, safety, development, child abuse prevention, social, and financial needs. Home visits will begin during. pregnancy and continue to age 3. The nurse/social worker will be a consistent resource for the family, accessing community services as needed. This program would contribute data to statewide research on Intensive Home Visiting Programs. .RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant application. If grant application is approved, accept grant, approve budget amendment and authorize the County Manager to sign necessary grant documents. . FUNDING_SOURCE: ATTACHMENTS: yes-10 pages - REVIEWED BY: , " .LEGAL: N/A FINANCE: Approve BUDGET: Approve COUNTY MANS Recommend app COMMISSIONE NTS AND NS/COM HUMAN RESOURCES: N/A - ~flP~R~ ~" ~~L----., REMOVEt3 ! ~osTpuN~u ©~ :. ,,. , New Hanover County Partnership for Children 1999-2001 Smart Start Funding Application Cover Sheet Activity Title: intensive Home Visiting Program (IHVP) Or$ariization: New Hanover Count Health De artment __ Chil Health Address:' 2029 S'. 17th St. Wilmington,' NC 28401 Executive Director/CEO: David E. Rice M.P.x. M.A. Telephone: 910-343-6500 Contact Person: Janet McCumbee, RIFT Telephone: 910-343-6559 Title: Child Health pirector Fax Number 910-341-4146 Type of Agency: ( )NOR-Profit*(Attach a copy of agency's 501(cX3) certification letter) (X) Public ( )Private Federal Taz Identification Number: 56-0989131 Brief Activity Abstract: (In 100 words or less, indicate what service is to be provided and who will receive the service. Please be general itt your description.) An Intensive Home Visiting Program would be piloted with support from the Division of Women's & Children's Health and the UNC School of Public Health. At-risk families, \\\ /// identified by program criteria, will be visited frequently and will address parenting, health, safety, development, child abuse prevention, social, and financial needs. Home visits will begin during pregnancy and continue to age 3., The nurse/social worker will be a consistent resource for the family, accessing community services as needed. This program would contribute data to statewide research on intensive Home Visiting Programs. Goal(s) Addressed by this Activity la~pendix a): iv . v Objectives Addressed by the Activity (Appendix A): IyA vA vc Total Activity Budget: g 106 , 514 Smart Start Funds Requested: S 100 000 Will you seek funding for this activity for a second year? , yes Amount: Have you ever applied for Smart Start funding? _ yes S 103 , 563 Have you ever received Smart Start funding? yes If yes, ase n e Ctivity(ies): Health Check Coordination & Prevent; [7e oval +h in Day Cares Signature ~sExecutive Director/CEO u~~~~, Date rhrw ~°°"u°°,~""6~""1 DO NOT WRITE BELOW THIS LINE . _cc-sUB ~,-t. PURP/BERN CODE ~ , ,,, . .~ ~.;~ ~ HEALTH COLLABORATION , , '' {~ '" `° _ FAMSUPP ~ LE V. FUNDING , " .~,~ _ OTHER ADMIN COST IHVP I. Intensive Home Visiting Program . II. Goals: IV -- Families will have information and resources .:. V -- Access to medical care ' IIL Objectives ' ' IVA -- Children will be prepared for school because parents understand development ... _ VA -- All children will have a source of primary medical care ... . " VC -- Parents understand importance of early preventive care ... IV. .Benchmarks/Outcome Indicators The following benchmarks are possibilities of IHVP: however, at this time, we cannot plug in specific percentages. We will need to gather baseline data and get more information on the pilot before July. • .Knowledge of child development • Parenting skills • ~ • Percenta e of earl and com rehensive g Y p prenatal care • Percentage of infant mortality • Out of home placement rate ~ . " • Percentage of satisfaction with family support services availability and accessibility • Percentage of immunization rates for 2 year olds ~ " • Percentage of children without. health insurance • Percentage of children with a primary care physician • Percentage of 0 - 3 year olds receiving hearing, vision, speech language, dental and developmental screenings Percentage of children completing well-baby visits - V. Full Description of Activity " A. The New Hanover County Health Department Child Health Division would like to pilot an Intensive Home Visiting Program (IHVP) for "at risk" families, to address: child abuse/neglect prevention; parenting skills; health and safety issues, and . ~ IHVP ' developmental needs of children prenatally to 3 yeazs of age; and resources for these families -- financial, transportation, social support. There aze presently seven pilot programs in North Carolina functioning under established guidelines, such as Healthy Families and Linkages. The program staff make home visits to the participants every week to provide support. Another program with good long term documented reseazch by Dr. Olds is being proposed as a pilot in other NC counties. This program criteria relates to unwed, first time mothers in poverty. The home visits by public health nurses are done bi-weekly. We would like to pilot this program and make it an~enhanced version of our present CSC program. Child Service Coordination is a standing health department and early intervention program which provides home visiting and coordination of services to certain at-risk families. These families and children birth to five aze identified and referred to CSC according to a list of criteria. A nurse or social worker r v' p o ides m home services to assist with pazenting skills, access to community resources, and follow-up of the health and development of the children. Pazent-child interaction is observed through the use of a program called NCAST, which requires .special training: Children receive routine developmental screening and referral for appropriate community testing and treatment as needed. CSC home visitors assure the child has a medical home, a source of payment for Gaze, and does receive preventive and sick care. All members of the family receive guidance or assistance in accessing community resources. Child Services Coordination is a valuable resource for the 400 children we presently serve; however, the intensity needed to affect long term prevention of child 114 ' S abuse/neglect and crime is not optimal. CSC home visitors aze only required to make a face to face contact every three months. They do visit many high risk families more often, especially during crisis times. Their caseloads include 60 families, while Intensive Home Visiting Programs which have been proven to decrease abuse and neglect, have caseloads of 25. We would like to pilot a program, such as those described, to determine if an IHVP will affect New Hanover County's high out of home placement and abuse/neglect reporting or substantiation. Specific data related to NHC's child abuse and crime rates was compiled last year for the New Hanover County Communities That Caze (CTC) and can be readily accessed. Dr. Olds' program was highlighted in the CTC manual by Developmental Reseazch & Programs Inc., a firm in Seattle, Washington. Communi in ut durin the A tY P g HEC Child Health Needs Assessment indicated that families desire service coordination to assist them with accessing community resources. During a recent meeting of local agencies dealing with child abuse issues, support was offered for IHVPs. The Health Department has always received community support for CSC services and is actively involved in an established system for agency referral collaboration, and regular communication between all child service providers. The Health Department serves families of all races and ethnic backgrounds. We ensure that services aze provided equally for all non English speaking clients. We aze presently serving many Hispanic families and see a real need to include these families in our IHVP or CSC. They need home visiting services due to lack of transportation, lack of financial ~ -3~ 115 IHVP ' resources and often alien status, language barriers, and cultural differences. These children need to be receiving all services possible to be ready to enter school. Interpreter services and additional financiaUsocial support is essential to help these families achieve self sufficiency. Culturally appropriate parent education is a must and a goal of our. department. Our IHVP would receive support from Prevent Child Abuse North Carolina, and Women and Children's Health Division in Raleigh, to include consultation, training, and evaluation processes similar to other pilots. B. If funded, we would continue present collaborative efforts with DSS, Mental Health, DEC, PAT, local child health providers, Child Advocacy Commission, the NHC school system, family support network, local hospital~staff, Communities That Care, Catholic Social Ministries, CDC, and UCP. Collaborative efforts involve: participation on committees to coordinate and ensure appropriate services; mutual referrals for services and often sharing clients to, provide more comprehensive resources; staff training; child advocacy; community awareness; family support; parenting education; community planning and needs assessment; and seeking other grants which benefit our at-risk families. Other programs in the community which provide some. in home services are Parents as Teachers and DSS. Parents as Teachers serves families who request their program and accepts referrals from the community: Their main emphasis during home visits is on helping parents be their child's best teacher. They also provide a parent support group. Social services has high risk services for families at risk of protective .q. 116 IHVP service involvement. A homemaker is assigned to assist families with children of all ages with immediate resource needs (transportation, scheduling, budgeting). An IHVP worker would establish a relationship with a family prenatally and continue to support the family long term, until the child is three to five for optimal development, health, and safety of the children. C. In-kind will be staff space, utilities, regulaz telephone usage, postage, copying, faxing, supervision, and administrative staff support. Approximate in-kind is $6,500. (See budget narrative.) This grant will also be submitted to the Division of Women's and Children's Health and the Office of Juvenile Justice for possible funding later in the. 1999-2000 FY. The competition will be very stiff for the state grant service because there will be only 6 pilots funded statewide. - D. If funded, this IHVP would become part of a statewide system of pilots. These pilots are being followed, supported and reseazched by UNC School.of Public Health. The Healthy Families Coalition in Raleigh, which consists of people from many agencies and organizations interested in the welfare of children, has pushed for funding of these pilots. The long term plan is to look at which of 3 programs would be best for NC to fund permanently. I see this as a program which can affect long-term service delivery across NC. The Health Department has home visiting programs in several azeas of Women's and Children's Health and therefore has background and experience to pilot . thus IHVP. E. July 1, 1999: Recruit and hire a social worker, nurse, and clerical support. • -5- 117 IHVP August 1999: Orient staff to public health, in-house services, personnel issues, etc. September-December 1999: Train staff on model program; write program guidelines; establish referral system. January 2000: Implement program, begin HV's. June 2000: Establish full caseloads, perform program implementation review, compile data, follow evaluation process of pilot. VI. Outputs A. Number of prenatal newborn packets-50 B. Number of families served -50 C. Number of prenatal and newborn packets (ed. materials, resource inf.)-50 D. Number of referrals for other services- 150 E. Number of education sessions (one on one pazenting)- 150 F. Number of home visits per month- 100 G. Other outputs will depend on specific criteria of pilot- Dr. Olds'. model is being mailed to me and I will know more. in the coming months. VII. Activity Outcomes (over 3 years of service) • Program participants will have fewer reports of abuse,and neglect to DSS than control group (which may or may not be CSC depending on guidelines from pilot). • Program participants will have received early regular prenatal caze, therefore have good pregnancy outcomes. 118 -6- IHVP • • Children born to participants will have developmental and health problems identified early and appropriate care offered. • Children will have a primary care physician at birth, source of insurance, and participate in well care. • Seventy-five percent of participants will continue with the program through the. first year and 50 % through the second year. VIII. Organizational Capacity The NHCHD Child Health Division has social workers and nurses who work with at-risk families in the Child Services Coordination Program. CSC is a statewide early intervention program established in 1990. The state provides many opportunities for training in public health, child health, early intervention, etc. The IHVP would be developed and supervised by Janet McCumbee, Child Health Director, with technical assistance from the Women's and Children's Health Division in Raleigh. We already have a referral' system including the maternity care coordinators, local physicians, hospitals, DSS, and many community service agencies. IX. Evaluation Plan A. Data Collection • The home visitors would create logs, charts, etc. as needed to collect data daily and compile for monthly reports. The state has probably also developed a computer data system for us to use with the pilots which began February of `98. ~ 119 IHVP ' • Because LTNC School of Public Health is involved in the reseazch, I feel certain we will be given technical assistance in collecting and analyzing the data collected. The information will be part of long term research. • We will report to the PFC all usual required information and pilot results. The time line will depend on pilot guidelines from Raleigh. X. Marketing Plan All materials printed for the pilot IHVP will be noted "funded by Smart Start". We will use all existing committees, coalitions, and collaborative groups to get the word out. Once the pilot curriculum is finalized, and the specific eligibility is known, we can mazket the program to the tazgeted population easily. We also can requests media coverage to highlight the beginning of the project. XI. Sustainability The project would be part of a state pilot;to look at the cost,, feasibility and positive benefits for statewide funding of IHVPs in the future. At this time we do not know whether this could be a Medicaid reimbursable source for those families in the IHVP, who may also qualify by CSC guidelines. -8- /"~ 120 `J u Vir V `~ 1 Or anization: New Hanover Count Health De artment Activity Title: ensive Home Visitin Pro ram Time Period: 1999_2000 - SMART START OTHER CASH IN KIND Tl1Tw1 Personnel gala /Wa es/Benefits Contracted Services TOTAL PERSONNEUCONTRACTED SERVICES Su lies and Materials 14 Office Su lies and Materials 15 Services Related Su lies t 6) Total Supplies 8 Material Cost Current Obligations 17) Travel 18) Communication (Telephone Postage etc ) 19) Utdrt~es 20) Punting and Binding ' 21) Repair and Maintenance 22) Meeting/Conference Expense 23) Employee Training (no travel) 24) Classified Advertising ?5) Other. 26) TOTAL NON-FIXED OPERATING EXPENSES Fixed Charges and Other Ez enses 35) Office Rent (Land Buildings etc ) 36) Furniture Rental ~~ Egwpment Rental (Phones Computer etc ) 38) Vehicle Rental }° es and Subscriptions .surance and Bonds ook/Libra Reference Material - Other Ex enses: 35) Totat Fixed Charges & Other Expenses Capital Outla olBuildings 8~ Improvements 7 Leasehold Improvements 3) Furniture/ Non-Computer Eqpt $500 + per item ~) Computer EquipmenUPrinters 5500 + per item ~~Fumiture/Equpt. under $500 t) Total Property & Equipment Outla Contracts 8 Grants ') Purchase of Services 3~ Contracts with Service Providers Related ~) ConVacts with Service Providers, Non-Related ~) Stipends/Schotarships/Bonuses ~) Grants/Cash Awards, Related Parties ') Grants/Cash Awards,Non Related Parties ~) Grants/Non-Cash Awards ~) Total Services/ Grants! Contracts ) Total Participant Training Expense ,, .I_Expenditures 90,922 500 6,000 1,000 400 1,400 ~ sr~ 94 234 3,312 94,234 600 200 11 gjg 4 500 720 720 500 500 1.4 1,51 7,490 1,5 ,400 6,514 IHVP ' BUDGET NARRATIVE 11) SalaryBenefits Salary and fringe for social worker ......................... $36 259 Salary and fringe for nurse ..................... .. .. ~... $39,675 Salary and fringe for clerk (SO%) .......................... $14,988 Inkind: Supervision of staff and program by Child Health Director 8 hrs/mo x $30/hr x 12 mo ........... .................... $2,880 Administrative support: 3 hrs/mo x $12/hr x 12 mo ............ $432 Total inkind staff = $3,312 15) Office supplies: routine desk supplies and software ............ $600 Service supplies, incentives, educational supplies, uniforms ..... $1,078 Inkind: Fax: 100 x $ l ..................:................ $100 Copies: 2,000 x $.O5 .................................... $100 17) Travel Total = $4,500 Around town miles plus out of town travel for training, $.325/mi 2 staff home visitors at 500 mi each/yr; $1,625 ea x 2 .......... $3,250 Out of town (2,000 miles) ............................. $650 Hotel and food for out of town meetings ....:.......:........ $600 18) Cell phones ...........................................$500 $20 per month per phone for home visits Inkind -- inhouse phone service $17/ mo each phone x 3 phones x 12 mo ..................... $612 Postage -- 478 letter/forms, etc. mailed at $.33 ............... $158 19) Printing of program forms/educational materials ........... $500 23) Employee training (registration for child health workshops) .. $500 35) Office rent inkind 108 sq. ft. (3 people/cubicle + desk area); $14/sq. ft. x 12 mo .... $1,512 39) Computer equipment PC for clerical support and program data entry ................ $1,000 40) Furniture equipment Desk chair and printer ................................... $400 -9- 122 • • • William T. Stever, PE/R1.S, Chairman (Mary) ......................... 799-21d4 Home 5110 Oleander Drive, Suite 110 28403 39S-5S8S O(Yice 395-5586 FAX Wilson O'Ke(ly Jewell, DDS, Vice-Chairman (Christie) ................. .791-6113 Home 218 Pine Grove Drive 284Q3 791-2401 Omce 791-2d08 FAX Henry V. Estep, RHU (Lisa) ... .................................. 792-9584 Home 3500 Melissa Court 28409 792-0188 Office _ 792.0188 FAX Michael E. Goins, OD (Aaee) ........................................ 392-3445 Home 5030 Randall Parkway 28d03 392-0270 Office 392-0271 FAX Robert C. Creer (l,ou) . ............................................ 763-5961 Rome 12 18 Country Club Road 28403 619-7879 Mobile Gela N. Hunter. RN, FNP (Jim) ......... .............. .......... 799-0723 Home 126 Quail Ridge Road. 28409 763-2072 Office 763-1586 FAX W. Edwin Link, Jr., RPH (i.aurie) .................................. 3d3-l2dd Nome 306 Colonial Drive 28403 763-0845 Office 763-08d6 FAX Anne Braswell Rowe (Mercer) ..... .:..............................762-2425 Home 2216 Acacia Drive 28403 Philip P. Smith, Sr., MD (Nancy) ..................................... 762-2230 Home I E 10 Aialea Drive 28403 Melody C. Speck, DVM (Matt) ..................................... <52-OSd2 Home 4605 Wrightsville Avenue 28403 ~ 799-5587 OlYice 799.8545 FAX Estelle C. Whiffed. RN (i,oub) ...................................... ti75-2179 Home I ti t I Rock Hill Road, Castle Hayne 28429 Frank Reynolds, MD, Med Coas. (Marguerite) ........................ 762-4621 Home 1706 Fairway Drive 28403 O 1/04/99 123 vI W Z W W ~ /~/ Z ~ W ~ W a~ W ~ ~ X QJ W W LL' I ~ cQ C N 124 ~ ~ ao ca ~ m ao ~ ~ ~ W ~ N ~ N N ~ ~ W ~ e0 f 't ~ elf r- 0 ~ cD .- t70 Nf 1A W N N M O W W ~ ~ N t7 8 ~ ~ E~0 ~ ~ c Z ~ ~ ~ m ~ ~ N ~ <^'') N ~- Y'f c7 N < aD ' t0 Q ~ ~ ~ r ID !" ) ~ N M N M N o ~ ~ N Q ~ i a o O e i ~ ~ `~ p~~ O ~A N 1n t0 N f~ ~ °f L rn c~ r- v ~ - ~ ~ .- Q I L 1 • !h '? M M N N N Z ~ W W ~ Q F- f' ~ W Z j W H ° WwagO ~ o a O ~~~pa .a' z 2 W ~ W -- J W ~ ~ J O o J ~ W~~FQ ZZUW U u~ ~ a ga°~p G~W W = Z C X cn O U -- ~ u. Z A A ~ ro ri O •ri th W ~ O W W W ~c +~ ~ a~ sa O U N N 3 ~ +~ a ,-i ~ `~ ~ - ~. m ai +~ 3a U ~ 'O •r1 O rl W U C9 O N ~~-1 ~~~ m o xa+~ S~ z cn can 2 ~~_< NEW HANOVER COON'T~1( BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION " Meeting Date: 03/08/99 '~ , - Consent Item #: 10 Estimated Time: Page Number: Department: Planning Presenter: Contact: Wanda Coston/Dave Weaver ' SUBJECT: HUD Disaster Recovery Initiative Program-Capital Project Ordinance; Grant Agreement . BRIEF SUMMARY: Commissioners are requested to approve the Project Ordinance in the amount of $2,653,000 ($1,853,000 grant; $800,000. County) and budget amendment to establish the HUD Disaster Recovery Initiative. Program and to authorize acceptance of the grant in the amount of $1,853,000. The Commissioners - have previously approved the projects and dollar amounts included in this ordinance. The projects to be included in the grant are: 1. Wilmington/Hanby Beach Sewer connection assistance-$288,000 Grant; 2. Castle Hayne Phase I and II-Sewer connection assistance-$207,000 Grant; and sewer construction-$431,586 Grant; County commitment $800,000--Total project $1,438,586 3. South end of WrightsviNe Beach property acquisition-$300,000 Grant; . " 4. Snag and drag-$376,414 Grant; 5. Carolina Beach Fire/Police Station construction-$250,000 Grant. • ~ ,The County's contribution of $800,000 toward Castle Hayne Phase I and II wi~l.come from the . Water/Sewer Fund. Balance. RECOMMENDED MOTION AND REQUESTED ACTIONS: ' Recommend adoption of the Capital Project Ordinance; request approval of associated budget amendment #99-23; request acceptance of the HUD grant in the amount of $1,853,000; request authorization for the County Manager to sign the grant document. FUNDING SOURCE: " HUD _ $1,853,000 County $800,000 Water and Sewer District . ATTACHMENTS: " Cphud.wp Ba99-23.wp REVIEWED BY: " .LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A ' ~ COUNTY MANAGER'S CO N AND RECOMMENDATIONS: Recommend approval " COMMISSIONERS' ACT ONS COMMENTS: COUNTY COM~Rfl~c~~ APPROVED I~i_,.-- ~' REJ.ECTEt3 ~ ~ '' . ,, REMOVED ~ 1.,2 5 POSTPONED' HEARD ~ ®ATE 3~ g ~q ~G,w~! . Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 93-383) HI-00515R of 20515R 1. Name of Grantee las shown in Item 5 of Standard Form-424) New Hanover County 2. Grantee's Complete Address {as shown in Item 5 of Standard Forn U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3. Grantee's 9-Digit Tax ID Number 4. Date Use of Funds May Begin 566000324 12/01/98 5a. Project !Grant Number 1 6a. Amount Approved B-98-NU-37-0007 1,853,000 5b. Project /Grant Number 2 6b. Amount Approved 320 Chestnut Street, Rm 502 I5c. Project /Grant Number 3 6c. Amount Approved Wilmington, NC 28401-4093 Grant Agreement This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq). The Grantee's submissions for Title I assistance, the HUD regulations. at 24 CFR Part 570 (as.now in effect and as may be amended from time to time), and this funding Approval, including any special conditions, constitute part of the Agreemf:nt, Subject to the provisions of this Grant Agreement, HUD will. make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special corditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges, its responsibility for adherence to the Agreement. by subrecipient entities to which it makes funding assistance hereunder available. U.S. partment of us rban Developme t signature, name, title, date) Grantee (signature, name, title, date) Or - r~ A l(~~ IV X 1 '~~'~9~ .. X L'v urrt>~ lulu rta~er LES T. REB - CPD DIVI ION RECTOR ' 7. Check Only On 8tegory of T'iUe I Assistance for th is B. Special 9a. Date HUD Received Submission: 10. Check One: Funding Action Conditions ~ ~ 09/28/98 a. Orig.Funding Approval X Entitlement a Sec1061b) (check one) . , 9b. Date Grantee Notified: b. State-Administered, Sec losld111) None 12/01/98 b. Amendment 9c. Date of Start of Program Year. c. Amendment Number c. HUD-Administered Small Cities, Sec tO61d)12)IB) Attached ~{ 12/01/98 ` ~~ d. Indian CDBG Programs, Sec 106 la)(1) 11. Amount of Community e. Surplus Urban Renewal Funds, Sec 1121b- Development Block Grant ' FY 9$ FY FY f. Special Purpose Grants, Sec 107 a. Funds Reserved For This Grantee g. Loan Guarantee, Sec 108 b. Funds Now Being 853 000 1 Approved , , '' c. Reservation To Be Cancelled (tta minus 11 b) 12a. Amount of Loan Guarantee Commitment Now Bainp Approved: 12b. Name & Complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to 12c. Signature of Authorized Official (name, title, date) for the above grant number(s) as Grantee designated to receive loan guarantee Designated Public Agency assistance, and agrees to comply with the terms and conditions of the Agreement, X applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. HUD Accounting Use Only , TAC Batch 1 5 3 ' Pro ram Y A Re Area Document No. Project Number Cate o Amount_ Effective Date F 176 _,~ ~' ~~,;,~~„~ €~~ il~ ' 0007 ~ 1, 853, 000 12/01/98 a aY~p ~ -ice; • .,may, Project Number ~ ~~ r, = 7 . ~' Y~ ~ ~' ~ ~"''"'' Project Number 126 ` ~~ ~IL~.~~~~ #~ b.~ '~ tr,..,f7fr .G Date.Entered PAS Date Entered LOCC Batch Number . ~.~ ..Amount A oun lion Code Entered by: Verified by: Previous Editio'ns`are°Obsolete:~ alt form HUD-7082 14/93) 24 CFR 570 • • -_. ^ SPECIAL CONTRACT CONDITIONS APPLICABLE TD THE USE OF - HUD DISASTER RECOVERYINITIATIVE FUNDS ' AVAILABLE UNDER THE 1997 EMERGENCYSUPPLEMENTAL APPROPRIATIONS FOR RECOVERYFROM NATURAL DISASTERS UNDER PUBLIC LAW 105-18: A. ~ RESTRICTION ON USE OF FUNDS . 1. Funds may only be used for buyouts, relocation, long-term recovery, and mitigation activities. 2. Of the HUD Disaster Recovery Initiative funds made available under this Grant Agreement no amount may be used for activities reimbursable, or for which funds are made. available by the Federal Emergency Management Agency (FEMA), the Small Business Administration (SBA), or the U.S. Army Corps of Engineers (USAGE). 3. -Funds awarded under this Grant Agreement shall be used and administered in a ' manner consistent with the overall purpose of the Housing and Community Development Act of 1974, as amended. 4. The grantee must comply with any Notice which HUD may publish in the Federal Register, in accordance with Public Law 105-18, governing the use of HUD Disaster ' Recovery funds for buyouts of structures in disaster areas, and for .other activities. B. TIME PERIOD FOR OBLIGATIONAND EXPENDITURE OF FUNDS Of the HUD Disaster Recovery Initiative funds made available under this Grant Agreement, all amounts, except. those .amounts budgeted for planning and administrative cost activities or those amounts being carried out under force account, shall be obligated (under contractual obligation) within twenty four (24) months of the effective date of this Grant .Agreement. All amounts under this Grant Agreement must be expended within thirty-six (36) months of the effective date of this Grant Agreement. The Department of Housing and Urban Development may reduce the grantee's line of credit by any amount not meeting . these conditions and reallocate such amounts to other grantees for disaster recovery activities. -, C. COMPLIANCE WITH CERTAIN PROTECTIONS REQUIREMENTS Funds awarded under this Grant Agreement shall be used in compliance with all statutory civil rights, nondiscrimination and fair housing, environmental standards, labor standards. Also funds awarded shall be used in compliance with all other applicable laws, regulations, reporting requirements, and Office of Management and Budget and Treasury circulars, . applicable to the HUD Disaster Recovery Initiative, except as provided by waiver. D. PROGRAMINCOME For cities and counties , any program income received by the Grantee from activities funded by Title II, Chapter 10 of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, shall be considered program, income to a Grantee's regular CDBG program. For States, the program income shall be returned to the State as program income for the year in which the State redistributes those funds. E. INCORPORATION.OF WAIVERS/INSTRUCTIONS The waivers for use of HUD Disaster Recovery Initiative funds made available under Title II, Chapter 10 of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, are hereby incorporated into this Grant Agreement by reference and must be adhered to, as applicable. 128 ~i PROJECT ORDINANCE . ~ HUD DISASTER RECOVERY INITIATIVE PROGRAM. BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. .New Hanover County(County) is engaged in the Construction of the HUD Disaster Recovery Initiative Program, which capital .project involves the construction and/or acquisition of capital assets. " 2. County desires to-.authorize and budget .for said project in a project ordinance . adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the. completion of said project. NOW, THEREfORE, WITNESSETH THAT: ~ - " , 1. This project ordinance is adopted pursuant to North Carolina General Statute . . $159-13.2. ~ , 2.~ The projecf undertaken pursuant to this ordinance is the Construction of the ~~ HUD Disaster Recovery Initiative Program Capital Project, which project is herewith . ~° authorized. 3: The revenue that will finance said project is: . HUD DRI Grant $ 1,853,000 . Transfer from Water/Sewer Fund 800,000 . Total $ 2,653,000 ' 4. The following appropriations necessary for the .project are herewith made- from the revenue fisted above: ~ Capital Project Expense $ 2,653,000 Total _ . $ 2.653.000 5. This ro'ect ordinance shall be entered in the minutes of the B~a~, of p 1 Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover ~} County, `and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this day of , 1999.. - ~ . . Clerk to the Board : ~ William A. Caster, Chairman . ~ .: Board of County Commissioners . NEW HANOVER COUNTY BOARD OF COMMISSIONERS • REQUEST FOR BOARD ACTION MeetingDate: 03/08/99 Budget Amendment DEPARTMENT: Planning BUDGET AMENDMENT #: 99-23 ADJUSTMENT DEBIT CREDIT HUD-Disaster Resistant Initiative Project HUD-DRI Grant $1,853,000 Transfer in from Fund 800(Water/Sewer) $800,000 Capital: Project Expense $2,653,000 . Water/Sewer District Appropriate Fund.Balance $800,000 Transfer to Capital Projects $800,000 EXPLANATION: To establish project budget according to Capital Project Ordinance. APPROVAL STATUS: To be approved by Board Of Commissioners COU~'~Y ~®~~~{i~s~~, • AP~?R(a1llD ~~---` REJCC REIV;OVEt9 ~~~~~~~ ~ 131 HEA4~® ~ n -- , This page intentionally left b/ankJ 4..,..../ti u.•+.tv.....~.~..aii:f t14S U~1/+vk.~/~~ - ~~ (St' u~t~'U'4eJ i__J 'i~.X-er-ar~~i ~ u w.„r.~,. _,.ri 132 ~ ,~~ ~~ ~ ~ ~~~ ~.~ ~~ \i NEiN HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Cohsent Item #: 11 Estimated Time:. Page Number: Department: Parks Presenter: Neal Lewis Contact: Neal Lewis .SUBJECT: Budget Transfer for Hugh MacRae Nature Trail BRIEF SUMMARY: Requested transfer of $50,000 from Parks Capital Budget (Ogden Park) to Parks .Department Operations -. Budget for the purpose of continuing work on the Hugh MacRae Nature Trail The Parks & Recreation . Advisory .Board adopted a motion requesting that this transfer take place so that the trail may be placed in . service during this Fiscal Year. These funds will be used to apply crushed stone to the. trail and to remove dead and damaged trees resulting from recent hurricanes. These trees are a safety hazard and must be . removed before the trail can be used. by the public. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the transfer of funds for the purpose of continuing work on the Hugh MacRae Nature Trail and approve associated budget amendment #99-30. ... FUNDING SOURCE: ATTACHMENTS: Ba99-30.wp REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER' C ENTS AND RECOMMENDATIONS: Recommend approval. ` COMMISSIONERS' AC IONS/COMMENTS: ` M. ~ r~r i REJECTED , '>~.,~ ~f,_~~ 133 QA~ E ~.~~$~/ ~~ NEW HANOVER COUNTY BOARD O'F COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date:. 03/08/99 Budget Amendment Consent Item #11 DEPARTMENT: Parks BUDGET AMENDMENT #: 99-30 ADJUSTMENT Parks Capital Project Other Improvements 'Transfer to Parks Operating Fund DEBIT CREDIT $50,000 ' q $50;000 Parks Transfer in from Fund 315 Other Improvements $50,000 $50,000 EXPLANATION: to budget transfer of $50,000 from Parks Capital Project to Parks Operating budget for the Hugh McRae Nature Trail. APPROVAL STATUS: To be approved by Board Of Commissioners ~~v~ ~~~~~~®b~~~ ,.~..~. Al't ~~ ~ ~~'j~L ~~~~' ~., PQSTP~N~ ~.._. 134 ~~~ HEA~I~ ~4~~~ ~ {. . ~ . ,,., J • • • ATTACHMENTS: SR-1 Petition Consent Item #: 12 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: Resolution: Request NCDOT to add Seaspray Drive and Station Road Extension to the State Highway System BRIEF SUMMARY: Dallas Harris Real Estate Construction ,Inc. is requesting to include Seaspray Drive and Station Road Extension to the State Highway System. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution FUNDING SOURCE: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 ITEM DOES NOT REQUIRE REVIEW Adopt R MA MMENDATIONS: AP"RQ1~E~ ~C.'-ea. REJEC7F6~ ~] REMOV~I3 ~~~~~~~~~ ~ ~13 5 ~~~Ra ~ ~. NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina County of New Hanover Petition request for (check one): Addition to State System (X) Paving ( ) Maintenance Improvement ( ) We the undersigned, being property owners on Seaspray Drive and Station Road Extension (Describe or give local name or Secondary Road Number) in New Hanover County do hereby request the Division of Highways of the Department of Transportation to add ~ the above-described road. We further advise that the road requested to add is 0. S miles in length and at the present time there are _Q_ occupied':homes located on the road and having entrances into the road. Finally, we agree to dedicate to the. Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way In the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable. PROPERTY OWNERS NAME MAILING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below: Dallas Harris Real Estate Construction, Inc. P. 0. Box 531 (910) 686-3622 Wrightsville Beach, NC 28480 l~~ ~>E,:,~ ,~,~ ~ 1999 ~:~ ~~. eti~~ ~~. ~ ~ I i---;t ~ ~ -. Revised Forrn._SR-1 (5=83)'~~AII previous forms obsolete. ~~~if j~,p /CI ~~~~ ~~~ g~9 9 i C d' ~'t ~ ~.+ 1 'ii r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date: 03/08/99 I Budget Amendment ~ Consent Item #: 13.1 Estimated Time: Page Number: DEPARTMENT: Courthouse Renovation Capital Project/Commissioners/Non-Dept. BUDGET AMENDMENT #: 99-29 ADJUSTMENT DEBIT CREDIT Courthouse Renovation Capital project Transfer in (from General Fund) $87,000 Capital Project Expense $87,000 Commissioners Appropriate Fund Balance $87,000 Non-Departmental Transfer to Capital Projects $87,000 EXPLANATION: To increase budget for anticipated costs of seating and blinds approved at the February 15, 1999 meeting. APPROVAL STATUS: For Budget Officer's approval; then report oard Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: fir, r-..~ -. ~ 4, „~,~ ~~ao --~_ _~;, ~ 1iuu,. ~ ,~;.~ ~ ~~~li~''~~°Sil+~~r~3~~~~'~ APP~tC3 ' ~t-~ ~' ~~av ~ Pt~STP~S~1~ `~~ 137 Q~r~ ~.3/S /9~9 ~~.~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting. Date: 03/08/99 Budget Amendment Consent Item #: 13.2 Estimated Time: Page Number: DEPARTMENT: District Attorney-Domestic Violence Unit BUDGET AMENDMENT #: 99-0094 ' ADJUSTMENT DEBIT CREDIT Domestic Violence Grant 2--. $22,602 Salaries $4,000 FICA $200 Retirement $40 401 K $325 Medical Insurance $1,400 Contract Service $31,217 Cellular Expense $1,000 Travel $1,650 EXPLANATION: To decrease budget to actual amount of grant through 6-30-99. For accounting purposes only. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: ~U ~tEM3'IE 138 IiEJq `~ ': 1~ ~.. _~~..~: ~..- -~., ~, ~, .~~ _ ,. ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Consent.ltem #: 13.3 Estimated Time: Page Number: DEPARTMENT: Hurricane Bonnie BUDGET AMENDMENT #: 99-0097 ADJUSTMENT FEMA revenue Contract Service DEBIT CREDIT $200,000 $200,000 EXPLANATION: To increase budget for anticipated revenues and expenditures related to Hurricane Bonnie. APPROVAL STATUS: To be approved by Board Of Commissio,ne COMMISSIONERS' ACTIONS/COMMENTS: ,',% _ ,. ~ Y~ r° 1~~ ~.1~F,a,~~ c~tp r_%_ .q_ t i L j ,. u'UV1~3u U .l'(c'~b~~`c~ ems.; `y3~. ~~~~ nr, ., i F2EM01i~1`~` , ~ t ",. , • ~~~~g~: X13 ~~~~ '~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Consent Item #: 13.4 Estimated Time: Page Number: DEPARTMENT: Human Service Transportation BUDGET AMENDMENT #: 99-0106 ADJUSTMENT DEBIT CREDIT Contributions-Transportation $165,000 General Public Transportation Funds $15,153 Contract Services $165,000 General Public Expenses $15,153 EXPLANATION: To increase budget for anticipated revenues and expenditures for February through June, 1999 for Progressive Transportation. To increase budget for additional General Public transportation funds received. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: ABU ~~l~~~~h1 ~?EfLC7~r,~ ..~,~ ~ ~ .v4..,.,~ taEMOV~-~~ ~ ~~?:~ POSTP0~1 (r~E~~~~; ~, DATE -~.~f -,~5 I.~~~~~.~."oJ 140 ~ ~ ~ .~ . ~ ~ ~._~.~.~~-. °1 • • . E; _ )._ '~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Consent Item.#: 13.5 Estimated Time: Page Number: DEPARTMENT: HealthNector Control BUDGET AMENDMENT #: 99-0108 ADJUSTMENT Health Fees Capital Outlay -Equipment DEBIT CREDIT $7,100 $7,100 EXPLANATION: To budget additional revenue earned from fee increase for the addtional funding needed to purchase a boat, motor, and trailer in Vector Control. APPROVAL STATUS: To be approved by Board Of Com,missio rs COMMISSIONERS' ACTIONS/COMMENTS: ~' ~_ :;~ ~r~.~ ~- - - APPt~OV® PEIECTEIJ ~El~ov>® POSTPON~~ ~ H~I~~ © I 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Budget Amendment Consent Item #: 13.6 Estimated Time: Page Number: DEPARTMENT: HealthNarious BUDGET AMENDMENT #: 99-0109 ADJUSTMENT DEBIT CREDIT Maternal Health: Title XIX Fee Maximization $132,321 Family Planning: Title XIX Fee Maximization $19,382 Epidemiology: Departmental Supplies $49,715 Capital Outlay -Equipment ~ $36,863 Maternal Health: Contracted Services $2,000 Departmental Supplies $1,000 Family Planning: Departmental Supplies $5,200 Capital Outlay -Equipment $1,000 Child Health: Contracted Services $7,200 Departmental Supplies $7,600 Capital Outlay -Equipment $3,000 Administration: Capital Outlay -Equipment $38,125 EXPLANATION: To budget an additional Title XIX Fee Maximization reimbursement (Medicaid) of $151,703 for additional expenditures as follow: departmental supplies, renovations, furniture, and computers_for the Medical Records renovat ion area; transportation services; and interpreter services. ~~~vG.iiii',~ APPROVAL STATUS ~Tor;,be approved by Board Of Commissioners RS'SACTIONS/COMMENTS: C OMMISSION E `' ~gppROVELI C/ ,.,.~, ~~ ~~~~ 1 ._, ~tT~ ~l 142 ..~ . ~.~_ _ r '~, '~ ~ .' REMO!/ED POSTPONED ® ~~ ~' HEARD. ^ ~ ~'~' ~AT~ ~~~ rR ~r_.~- NEW HANOVER COUNTY BOARD OF COMMISSIONERS r REQUEST FOR BOARD ACTION Meeting Date: 03/08/99 Consent-Item #: 14 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Request for. Reimbursement: Carolina Beach erosion repair BRIEF SUMMARY: The Carolina Beach Town Council is requesting reimbursement in the amount of $302,768 from the Room Occupancy Tax Fund. On February 19, 1999 the NHC Port, Waterway, and Beach Commission recommended that the reimbursement be awarded. Attached are various items from Army Corps of Engineers and the Port, Waterway, and Beach Commission providing documentation of the expenditures for which Carolina Beach is requesting reimbursement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of Commissioners authorize the expenditure of $302,768 from the Room Occupancy Tax Fund to reimburse the Town of Carolina Beach. FUNDING SOURCE: Room Occupancy Tax Special Revenue Fund ATTACHMENTS: REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval of the expenditure of $302,768 out of the Room Occupancy Tax Fund: As of January 31, 1999 the bal n e the fund was over $12 million. Also, recommend approval of the related budget amendment. COMMISSIONERS' AC 10 S/COMMENTS: ~~ APf'ROV~f~ ~ f REJECT~® ~ REMOVES POSTP~~9~ ~~ 14 3 HEAR® ,~ , Ray P. Rothrock afm~or Pat Efird Councilxnman Joel Macon Cormcilmmt TOVvN OF CAROLINA BEACH 1121 N. Lake Pazk Boulevard Carolina Beach, North Carolina 23423 910 458 2978 /FAX 910 458 2997 February 25,.1999 Mr. William A. Caster New Hanover County Commissioners 320 Chestnut Street Wilmington, NC 28401 Dennis Barbour A,fm~or Pro Tem Gary Doetsch Couttcilmmt Calvin R Peck, Jr. Tox» 11m~ager Re: Request for reimbursement; beach erosion repair ollowin Hurricane Fran. Carolina Beach, NC Dear Chairman Caster: On behalf of the Carolina Beach Town Council and the residents of Carolina Beach, we respectfully request reimbursement in the amount of $302,768.00 from the Room Occupancy Tax Fund On February 19, 1999, the New Hanover County Port, Waterway, and Beach Commission took action to~ recommend that Carolina Beach be reimbursed for beach erosion repair work following Hurricane Fran. With respect to the evidentiary record on which the Port, Waterway, and Beach Commission based its recommendation, please find enclosed an information packet comprised of the following: • January 14, 1999 letter to the Port, Waterway, and Beach Commission requesting reimbursement. • November 23, 19981etter to U.S. Army Corps of Engineers requesting an elevation of work and costs inctuTed to repair beach erosion. • December'10, 1998 response letter from,the U.S. Army Corps of :Engineers which concluded all work and costs for beach erosion repair were reasonable. • January 14, 1999 full evidentiary record provided to the port, Waterway, and Beach Commission .for work and costs related to beach erosion repair. Should you have any questions, please feel free to call me at 458-2993. Sincerely, ~Z C.~ Ray Rothrock Mayor ~M.:y~,,.?,~. "i- - ~~" ~~ fit°~t,~,. cc: Lucy Harrell, Clerk, County Commissioners u .~,. i4y ~~2~ ;'4n f .a . 144 Dave Weaver, Assistant County Manager t`~'~ t ~ ~~-,t u ,~ ,~ E~~B Dept. -~ t., -:414 Chestriut Street`~nk 'Wilmington; NC~28401"` Ray P. Rothrock .ttavor . Pat Efird Councilwommt Joel Macon Councilman = January 14, 1999 TOWN OF CAROLINA BEACH 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 910 458 2978 /FAX 910 458 2997 Deaais Barbour Mayor Pro Tem Gary Doetsch Councilman Calvin R Peck, Jr. Town Managrr Mr. Rick. Catlin, Chairman Wilmington-New Hanover County Port, Waterway, and Beach Commission Richard Catlin and Associates 220 Old Dairy Road Wilmington, NC 28405 . Re: REQUEST FOR REIMBURSEMENT BEACH EROSION REPAIR FOR CAROLINA BEACH . HURRICANE FRAM. . 'Dear Chairman Catlin: ~ - On November 16 ,the Port, Waterway, and Beach Commission requested that the Town get an independent review by the U.S. Army Corps of Engineers (COE) for our Hurricane Fran reimbursement request to insure it was reasonable in terms of the work performed as well as the costs incurred for beach erosion repair. The COE has completed its review of the November 23~ packet (Exhibit A without enclosures) which contains substantiating information related to the ,beach erosion repair work the. Town conducted after Hurricane Fran. In a COE letter dated Decembef 10`x, the COE concluded that the erosion repair work, quantities of sand involved, and costs for hauling sand and repairing the berm were all reasonable (Exlu~it B). Executive Summary of Events + Severe erosion between Salt Marsh Lane and Periwinkle Lane and berm damage occur as a result of Hurricane Fran. - . •_ Same erosion exacerbated two weeks later as a result of Hurricane Josephine which was ...offshore from New Hanover County and two northeaster storms. Post-storm analysis COE Action Officer reported that sections of the protective berm eroded below the 5-year .protection elevation level • Town Manager authorizes emergency repair work to protect private and public property from • ~ storm impacts. The emergency repair work was approved in advance by the Div~iq~ Coastal Management. 1 `t • .Based on Price Waterhouse financial review (5/15/98), FEMA determines that $302,768.00 of beach erosion repair work is ineligible for reimbursement because of two factors: 1.) FEMA does not cover engineered beaches under contract to the COE for beach renourishment [berm shaping to restore its 5-year storm protection elevation level, $228,000.00], and 2.) FEMA does not cover erosion as a, result of storms following Hurricane Fran [return of 5,806 cubic yards of sand to beach and equipment rental, $74,168.00] In consideration of the COE finding that all work related to erosion repair, and costs were reasonable, the Carolina Beach Town Council respectfully requests that we be reimbursed $302,768.00 from the' Room Occupancy Tax Fund collected in part for the purpose of beach maintenance. Thank you very much for your time and consideration in this matter. Should you have any questions concerning our request, please call me at your convenience at 458-2993. Sincerely, ~z.~ Ray Rothrock Mayor , cc: ~ Port, Waterway, and Beach Commissioners Carolina Beach Town Council Town ,Manager Town Planner ~ ' ,9 146 f~ . tcsy r. cw~u-a „ - . ,u~r Coancrb.anmr ' November ti, 1998 TOWN OF CAROLINA BEACH 1121 N Labe ParkBaulevard Caoliaa Bead, North Catalina Zs42s 9I0 458 ?994 FAX 910 4582997 Mr. Tom Jarrett, Coastal Engineer U.S. Army Corps ofEngineezs Coastal Engineering Section P.O. Box 1890 " Wilmington, NC 28402 yetis Bstbc~ Mgvorl~ty Tan ~Y Calnia R p~ ~ btm„g~r EXHIBIT "A" Re: REQUEST FOR EVALUATION OF COSTS INCURRED BY CAROLINA BEACH FOR BEACH EROSION REPAIIZ Derr NIr. Jarrett: In response to our discussion during the November I6`s Wilmington/New Hanover Port, .: Waterway and Beach Commission meeting, please find enclosed materials relevant to work we completed to repair the berm damaged by Hurricane Fran and subsequent Fall and Spring storms. We are requesting that you provide an independent evaluation as to whether the cost of the world at 53.00/Cubic Yard is in 1me with similar projects and consistent with the FE11~fA G-2 Numeric Cost Code Listing. Severe erosion occurred between Salt itilarsh Lane and Periwinkle Lane during Hurricane Fran. ..This dama~d was e:cacezbated by Hurricane Josephine which was offshore approximately two weeks later. The U.S. Army Corps ofEnginerrs' (C.O.E.) Action Officer in charge of the Carolina Beach damage assessme~ report indicated that sections of the berm eroded below the 5-year protection eievarion Ieveil. Because of this, the Town Manager authorized repair work to protect private and public property from storm impacts. The project was approved in advance by . the Division, of Coastal Management, NCDENR (F~bit A). There were two separate projects. The first was some emergency repairs conducted by the Iowa in the amount of $74,168. This expense includes $56,750 for equipmeat rental-and $17,418 for hauling clean sand to the beachZ. Ia addition, the town contracted ovrth T.B. Powell to reconstruct approximately two miles of protective berm at a cost of $ZZS,600. -The TB. Powell work was related to loading and hanlmg 107,308 cubic yards of clean, si$ed sand from a stocl~rle to the beach where it was shaped into a protective berm3. The Price Waterhouse financial review (pgs. IZ-15) found that this was ineligible f+or reimbinsemeat through th process becaase the C.O.E. determined that no emergency repairs were to _ immediate threat to public health and safety based oa a storm stake prob analysis related to oar Heart scheduled beach reaouashmeat which was scheduled Sat Spring 1998. Mr. ~ Tom Jaaett, Coastal Engineer U.S. Army Corps ofEngineers• November 23, 1998 Page 2 As such, under the terms of our agreement with the C.O.E. for beach renourishment, Carolina Beach was responsible for the casts of erosion repair between beach reaourishmeats which occur every three years In terms of validating the number of cubic yards of sand hauled back to the beach for the protearve berm, four totals are important to note: 1. T.B. Powell haul log - 107,000 cubic yards. Powell was the private comractor performing the worts. ~ • 2. IiL. Holmes haul log - 112,896. Holmes was a private contractor employed by Carolina Beach to process FE11~Ir1. requests for reimbursemem. 3. .Sherwin Cribb survey. ~Shezwin Cnbb is a registered land surveyor retained'by~Carolina Belch to prepare a topological survey of a section of the protective berm to provide 3n estimate of the amount of sand in the berm which was 120,000 cubic yards (Exhibit B). 4. Departanent of the Aimy,. Corps of Engineer letter dated May 14, 1997 =152,000 cubic .yards. Colonel Youngbluth's determination. of actual sand Loss from the beech (E:~u~it C). In relation to these volumes, we have enclosed E.~chtbit D (May 19; 1998, FAjY from Barry Johnson ~to Price Waterhouse). Mr. Johnson is a private cansultant retained by Carolina Belch for FEM~ documentation purposes ALso; please note page 13; item Z; Berm Shaping of the " Price Waterhouse report (Exlubrt E). The repair work authorized by the fozmer Town Manager was expressly focused on repairing an engineered Beach and berm for the purpose of protecxing both private and public property from significant storm events.. We believe that the work was necessary and the price is well within the range for similar projects. Should you have any questions, or need for additional information, please conxact me at {910}458-2994. Sincerely, ~ Q Calvin R Peck, Jr. Town Manager' cc: Town Counc~7 1 Pace Wise, Finandal Review, 5!19/98, pg. 14 ('~ 14,E ~ ~ \~ PS-13 ~~_ DEaARTMENT OF THE ARMY ~, WILMINGTON DISTRICT, CORPS OF ENGiNE:~S I P.O $OX 1890 `' ~ ••1MLMINGTON, NCRTH CAROIlNA 28402-1890 , .. wr~urr~ro December 10, 1998 E~~~' ccB" Mr. Calvin R. Peck, Jr. , Town Manager , Town of Carolina Beach - 1121 North .Lake Park Boulevard - •~~ Carolina-Beach, North Carolina 24428 Dear Mr: Pec~C: ' This responds to your letter of November 23, 1998, to Mr. Tom . Jarrett recuesting an, evaluation of the cost incurred by the. ,Town ' ~of Carolina Beach~to repair beach damages-caused by Hurricane, _ Fran. n,September 1996. and subsequent northeast sto rns that occurred later-in the fall of 1996 :and the spring 'of 1997.. This reQUes.was promDted~by directions the Town received from the • W.ilmngtor.-Vow Hanover Port, ~r7aterway and Beach Commission '. ~oliowing the Town's request for financial assistance..' The °zei:nbursements being -requested fall into tiro categories, namely, ~`Eran and non-Fran related expenses. The Eiurri cane Fran related esperses total 5228, 600 for shaping 76,200 cubic yards oz sand into a beach berm at a unit cost of 53.00 per cubic yard. This cost was not included in', r:Aiinbursements the Town received from the Federal Emergency Management Agency (FEMA) .as they were deemed to be associated ~~iith maintenance of the Federal stor•:n damage reduction project at ,Carolina Beach. In this regard, the cost sharing agreement between the Tawn of Carolina Beach and the Federal Gover:unent for - he sto rn damage reduction project requires the Town to ma.~e certain pest-store repairs . These`. repairs include the return of overwash sand to the beach, placement of beach quality sand on t:he beach to replace' that lost to the store, dune grass replacement, aid the reshaping of the beach to as near its design- . configuration as possible. Accordingly, the Town of Carolina Beach responded in aresponsible manner to the beach damage .caused by Hurricane Fran, and the unit cost for reshaping the': ' -.matterial returned to the beach of 53.00 per cubic yard is ~• . ~ reasonable. The volume of material associated with the reshaping ..also appears reasonable as we had estimated approximately 150-,000 cubic yards of erosion from the project due to Hurricane Fran.' The non-Fran .repair costs included $17,.418 for rettarn~nq 5,806 cubic yards of overwash sand to. the beach at a unit f $3.00 per cubic .yard and $56,750 for equipment rental. to re~aii~' . ~ damages in the beach berm. Again, the $3.00 unit cost for • returning the sand to the beach is reasonable. With regard to -2- the equipment rental, which included a bulldozer and 3 dump trucks, we requested and you provided additional information on the amount of time the Town rented this equipment. Qsing the rental times provided, we made an independent estimate of 'the cost the Town should have incurred. Our estimate was based on rental rates supplied by a local equipment rental company. Our esti.'nate of the overall cost paid by the Town for the bulldozer and the dump trucks was within 2.percent of the actual cost claimed by the Town. Accordingly, the cost for the repair of the be=-n seems seasonable. ,, L hope that this evaluation of the costs the Town of Caro~iina Beach incurrs~ following ~ Eiur_i care E'ran and subsequent non- tropical storms is helpful 'n your negotiations with the Wilmington--veer Hanove_ Port, Water ray, and Beach Commiss? on. ~If this oz_fce my be'of additional assistance, please contact Mr.' Tom Ja-rett, Chief of our Coastal, Hydrolcgy, and Hydraulics Sec~.icn, at (910) 251-a45~. . 15D 1. Ray P. •Rothmck Dennis Barbour . bfayor :bfayor Prn Tem Pat Efird ~, I)oetsch Council K+vmm~ Covncilmm~ Joel Macon Calvin R Peck, Jr. Comicilmmr Town ,bfmruger TOWN OF CAROLINA BEACH 1121 N. Lake Park Boulevard . .. Carolina Beach, North Carolina 28428 ' a 910 458 2978 / FAjC 910 458 2997 January 14, 1999 . - 1VIr. Rick Catlin, Chairman Wilmington-New Hanover County Port, Waterway, and Beach Commission Richard Catlin and Associates ' 220 Old Dairy Road Wilmington, NC 28401 . Re: EVIDENTIARY RECORD REVIEWED BY ARMY CORPS OF ENGIIIEERS FOR COSTS INCURRED BY CAROLINA BEACH FOR EROSION REPAIlt Dear Chairman Catlin: The attached packet of exhibits constitutes the full record of evidence reviewed by the U.S. Army Corps of .Engineers regarding erosion repair work following Hurricane Fran. The exhibits describe the work performed, quantities of sand involved, and costs for hauling sand and repairing; a two mile length of protective berm in Carolina Beach. Exhibit Summary Exhibit A Letter requesting an evaluation by the Army -Corps of Engineers for costs incurred by ' . Carolina Beach. for beach erosion repair. ..Exhibit B .Response letter from Army Corps of Engineers that concluded all work, quantities of sand, and costs were reasonable. . Exhibit C Price Waterhouse, Financial Review of the Town of Carolina Beach Category A DSRs, . pg. 12-14, 5/ 15/98, summary of findings regarding ineligible work items. The exhibits may be helpful to the Commission should any questions arise regarding details of the erosion. repair work Should you need~any additional information, please call on us at your convenience. Thank you very mucl for your consideration of this matter. ' r sincerely; ~~~~~~~ _ 151 • Ray Rothrock . Mayor . Rsy P. Roduvc~C Mayor Pat Ffird Councilwonean Jod Marna Co~orciln-an TOWN OF CAROLINA BEACH • 1121 N Lake Park Boulevard Carolina Beach, North Carolina 2842s 910 458 2994 FAX 910 4582997 November 23, 1998 Mr. Tom Jarrett, Coastal Engineer U.S. Army Corps of Engineers Coastal Engineering Section P.O. Box 1890 ' Wilmington, NC 28402 Danis Barbour iKavor Prv Ten ~5' Doetsch Cormcilman Calvin R Peck, h Manager EX~itBTT "A" Re: REQUEST FOR EVALUATION OF COSTS TrtCURRED BY CAROLINA BEACH FOR BEACH EROSION REPAIR Dear Mr. Jarrett: In response to our discussion during the November 16`~ Wilmington/New Hanover Port, Waterway and Beach Commission meeting, please find enclosed materials relevant to work we completed to repair the berm damaged by Hurricane Fran and subsequent Fall and Spring .storms. We are requesting that you provide an independent evaluation as to whether the cost of the work, at $3.00/Cubic Yard is in line with similar projects and consistent with the FEMA G-Z Numeric Cost Code Listing. Severe erosion occurred between Salt Marsh-Lane and Periwinkle Lane during Hurricane Fran. This damage was exacerbated by Hurricane Josephine which was offshore approximately two weeks later. The U.S. Army Corps of Engineers' (C.O.E.)• Action Officer in charge of the Carolina. Beach damage assessment report indicated that sections of the berm eroded below the 5-year protection elevation level. Because of this, the Town Manager authorized repair work to protect private and public property from storm impacts. The project was approved in advance. by the Division of Coastal Management, NCDENR (Exhibit A). There were two separate projects. The first was some emergency repairs conducted by the Town '. in the amount of $74,168. This expense includes $56,750 for equ~ment rental and $17,418 for •. hauling"clean sand to the beach2. Ia additioq the tows contza~ed with T.B. Powell to, reconstruct approximately two miles of protective berm at a cost of $228,600. The T.B. Powell work was related to loading and hauling 107,308 cubic yards of clean, si$ed sand from a stockpile to the beach where it was shaped into a protective berm3. The Price Waterhouse financial review (pgs. 12-15) found that this was ineligible for reimbursement through the FEMA case because the C.O.E. determined that no emergency repairs were required to eliminate an 15 mediate threat to public health and safety based on a stoaa stake probability analysis related to our next scheduled beach reaourishment which was scheduled for Spring 1998. • -~;:- .. . Mr. Tom Jarrett, Coastal Engineer ' 'U.S. Army Corps ofEngineers • November 23, 1998. Page 2 As such, under the terms of our agreement with the C.O.E. for beach renourishment, Carolina Beach was responsible for the costs of erosion repair between beach renourishments which occur- ..- ~ .every three years.. In terms of validating the .number of cubic yards of sand hauled back to the beach forthe protective berm, four totals are important to note: ~ . 4. T.B. Powell haul log - 107,000 cubic yards. Powell was the private contractor performing the work hLL. Holmes haul log - 112,896. Holmes was a private contractor employed by Cazolina Beach to process FEMA requests for reimbursement. Sherwin Cribb survey. Sherwin Cribb is a registered land surveyor. retained by Carolina Beach to prepare a topological survey of a section of the protective berm to pmvide an .estimate of the amount of sand in the berm which was 120,000 cubic yards (Exhibit B). Department of the Army, Corps of Engineer letter dated May 14, 1997 -152,000 cubic yards. Colonel Youngbiuth's determination of actual sand loss from the beach (Exhibit C). In relation to these volumes, we have enclosed Exhibit D (May 19, 1998, FAY from Bazry Johnson to Price Waterhouse): Mr. Johnson is a private consultant retained by Cazolina Beach for FEMA documentation purposes. Also, please note page 13, item Z, Berm Shaping of the Price Waterhouse report (Exhibit E). The repair work authorized by the former Town Manager was expressly focused on repairing an engineered,'beach and berm for the purpose of protecting both private and public property from significant storm events. We believe that the work was necessary and the price is well within the range for similar projects. Should you have any questions, or need for additional information, please contact me at (910}458-2994. • Sincerely, ~'-1 ~ .. . Calvin R Peck, Jr. Town Manager cc: Town Council ,, 1 Price Watediouse, Finaacial Review, 5!19/98, P8. 14 z Ibid., P8. 12 . 3 Ilud, pg. 13 15 3 S~V1v ~1 1 `1~~ VL.i~..~l .~ -. :.~ __-. - ~ .... ~~:~~ •~ -.+a.-•-rrs- - _ .t~+[aalDll~ tl t~~~r-meszt ct E~vircnr-ent, - .- - .~. . E;c-cith cnc Ncn:rai R~~ur~~ - ~ • ~ ~- ~ .. . . Otvi~cn ar C :c~r.~ Mcncy~eni• ~"- .lcrrtes ~. Ft.n~..lc.. Gcverr-,cr •'~"'~~'^` Jcncthcn H. Ncwes. Se~cry Rc ec N. S~tecief, Dlreccr 5 r s ~ '~ his'. Gietttt C. ulcaaard, Fc^:e.~..i Cacr.~inzting OCnc_r • L` '`- F~c:Z1 E-;~c-zczc 11~ian -^:~t ~4 ^cr ~.~ ~! _ ~ ~~ ~ , Disaster ~ ;e!d Cincn It ~ ;• ~ ~,,.~• . ~ . lQ9 Cznitri Blvd. ~ ~;; R,:leiCn, CN Z"G,~4 Der ivtr. ~Nccdtu~: 1'uc~uant ca .t s C_~ 9~0 Suirp~r~ )• - Cansistcnc~ rar Federal As.~s~~cc to Sta:s and Lacal Gayer^Srte^u, ti2e St:~.tc ofVarf~ Csreli~la leas reviewed the ~raQCSw "eli~ii:le'' ~e r:er ~e~S to ac cnnst:uc~d in Csrte:~t, Onsiow, Pr.^de ; i~e~~ F-?anove~ Znd rrsr~~,uicic Ccunries as aw~:ioed in.Dama~e Sure! t~e~crs (7SZ;} prer.arcd by I ~~~tr, daL~d 1Q/OZ19G snd tQ/0=196. Tire ~.~ne~p^.er berms ire des;gs:~d to praviGe ternAOr~.rf pret~;iaa to 6~czirant d~~~~?ap:rzc^t; rands Zna atfir. inirzszuc:ure n~a-~itut~ by tf~e lass of sand &arn tfte b~c.~ end dune r~+s;~rt us ~ re.:tdt ofl-=.um~le~rrast OL Se te:na~ :, l~°G. ~Ve Dave ~SSiEned the ptapos~ aC~vity the Rucni~er CD9G-.s i for administruive purccses. L~asz? upcn ec~r r~~ie~N, sue Have ae:e^iae ± tl~nz cnctsu ~tc:ion ac, ,f~c c:^e: _ctc~ bc:;;ts c%a si.~.- un :o and inc:::ain~ the dertgn spec:nc::~ien l:revide:: in the DSO by Ge~.vo~r~ ~d Davis is ~nsist~:~t wicii the NeRfT C.:rciina Coastal ~r(art g~~r~te:it Pra~rum pccvide^ fire Fcila~vin conditicns :rc ;ne;: I . That wi~~ ;nvrc titan sn a~ cf land arm is disturte:s, a Se;:imcataticn and E: as;orc Ccnuui Plan is re~~ver Fran ar waived by rhe~NC Divisiot? of Lana Re..~urr,~. . ?. That sfzouid canstru~iorr of the Ue;rrt rstuire mcre sand th~trt is ~vai~acle liens ~in~ sznd art the b~cs foitowinr gtsideiines s~ E'artft irz TIS~. NCAC ?H .Qs08 (a)(4)(A) and (D), tfte ~~ send must came from a,a a~gpravd alt~nati~-a sQUr~. ~~~ sand. sued fratn rand ri~rt of--ways, part~nr~ tats. ,and Qther•.~pv~lic prot1erties is ac~tabie urd approv~f cm~er this ~s' tend ac:iQn far usa in canstruc;ing the berm provided ii is ~zut attd &~ from dei?ris. 5ant~ 1 dunes and dune rrsnnarns urithitt ~ Qc~ Razard AEA is riot aabie fnr ~ in ~ g t#te berm, Usc of sand 1~ aquatic arr+riwrornnn sns and wands mast be ctv-ewed and a~t}~ravcd ort a case by cue basis. '!c A ~T+ t~ ~6~-T± n.. ~~r..e~C ~r~~.. ...~~~ ~_..}~, •~... ~17+ c±s~fQ~ 1... !l~w~...~.n~ wu~pq, i.~..oT.,.,.'Sv~ ..~, }k,m L.Wq~w- Ntr. CIe.~ C..Waadard i0!"..8/9d Pv}?P . - 4.. That lira laadwarri edge of the begin be piac:d as dose to e"isting spvt~uresr re, ~d~e ar arbor ve;_:acon, and tl~stened liigltway rigfit-of-~vay as possiole without damagiag or . making the snv~ures unusaoie or burying the remnants of dune ar other ve3e:ation. where an alig:nrtatt has b~ ~tked by Division of Coastal Maaagcnctt pcsonnel, that alignment wzili be used ier det~-mining clie landward age of the bc^ri. ~. i fiat cto addiaonaE s:n¢ Ue ce:noved (rant tfre be=et fQr bc;-n ins-~ttc•,iart ist the vicictity of the caqui,na rec : outcaps at ~e sac~ttt~ ezd of ~{:irr fiezc.~. T'nis one has b~ de~ine3~i on a suc-~c~~ c nduc•.~ by Division oc Coas,•.sI vianage^~ t p~annel. 6.. That 6~use of the pots:tt~ai For signircdnt i.mcac~.s tzs nestiae sea furies, bezc.~: ituauna, nesting sf~arebirds -and thrzatert~ piartt species, na r;.nstiZ:c:ian cc mainte~sttco of the berzt be ' dor.~ at?~; ~(arc;t ~ l . 195 ~ undo this ccnsisteze: cation. 7. That it a snipwre:.~: is unesrtf~ed, al( wer'~c shall stop in the vic~:nir,- of the ;illDwre~ and bath the DivS;an Of ¢.ta:tiv~ .:nd 1~.is:ary and Cesstal l~lartagem~t shall~be cant3c;Ed imrrtediat.°?y. It ~tnpcars thai them may be a sis_nuncant shart~l( of sand avai(ailie fram b~sz pushing tc :.., ~nstrvc: the barn to the spe~wu""cations sz_ foru't in the DSZs based an the Dexberry and Davis Cve yezr storm berm design. SIicuid ertg:nerring s~dies of pest-stcrrt bed prof:ies doctmeat a signiitc nt si~crc£-t11, we ce~mm~d tft;~t b~fA, fund the imtrtcr.:i$:r canstru~an ai ;he Ia~~t pos5ioie ealer~eaey b~ tltut cart be ccnr~ruc:,-r following TISr'_VC~G7~i .308 guide:int'.:, %«is ~~viil nravids some prvtc.::icn from the smai(e: nvt~izerste.~ scorns that ~uiil saon be unan us. i -te initial cnnstruc~an silculd then be fcllewe ± icy the completion of the berm to the design spe~~i'ied in the DScZ~- as quickly zs the ne_ded s:.nd scuto;s cart Gs ideZtizied. Dar=:;t,:aI aaaitivnai send scurr.~ inc?ucse I } si~~r~ sa ' from r„cad Rai~~c-r•r-~ narking lots and r . ocher ii ~ ~,,-mss, Z) e.•tisting di3.w dredge mwt~iai dispas~~ sitES. s} sc.~teduied nzaint~an~ dresgin3 of navi,atian chanrie?s, ~) ane;-re:tc~ dredging of shoals ~uithin nerrIIy inlets and navigation channels, 5} sand pits is ~~ sand unite ort tiro Coss~l ~Ffaist. and ~} sand shoats seaward of the s~torefaar oa the Cotrtincitai S13elC . t In order to pravestt um'-.asanablc~eracian to the brim, we alsa re~mmertd that fire DSO five pc3r storm design be mcdin"ed w(~iere need to irt~ude S minimum of 6fl feat from tfte sct~rard ice of the borer: to normal high water ?his could be ac~rnp&shed bg mc~ dte s:.award slope az the ham. stducrtg the siz; (d~sigrf stnrrrr fi e~u~ef) of the him, ar by add saw t~ syxtart tc e~estd it seaward cf rite seawarr~ tee of rile berm. tfte ~seswart£ F~~~ hesa:t spstesn . of meat ~8h water w~ ra;uire a separate cow approval by fire State, Iroweva, Beesusc of the hazardous nature of crn~t„t of fire storm debris to tfte [ic imrotved lit tr~tiorrai l~ Mr. Clean C. WQadard I tu_3/Qfi P ~~- ~ h~.ch ae~vities, we c~-crnmcnd that am sand nlacs~ on ttte road right-of-ways. and. other Quhlic nrvRerties oe_sie•~e:i t~hr iia~rns suca as rearing nails and glass ;fraQm~tz : frcrrr sc: aping of oar;cing lots -z....-.... - . - s~--ts_fine ~ncueit to remavt Tt~k you fcr your c~nsidarsticn ai the t`Iartit Csroiina Caast3i yiariag~nezt Frograni. 1'Iesse C~ CTG: tO cell M1'. Sreve 3e~ttr?n or 1~is. Camlirte BGIis of tray star~'az (at9} ;3-Z93 if you have any queS:ices nr tte~ Curtner ~S3I3t3l1Cr. Sinc:: ely, ~ .. . i _ Ra ~ ter cc-.~.-;er .. l., . . c:: Biity tZsy Cunercrt, Dire_:oc, ~hiC Divisicrr oCE.~te ~e:~c~ vianag~~neat P:~ten P~ Asais:ant Dirr:.•nr, NC Division oECaastal ManagA:nent Eoa Stroud, NC Divisiact ai CaaS~l ~lanag~^.:~t, W'smirzgton It~aioRal C~cs .Ci~arie; Ione~s, NC Division of Cnas:ai ~fanaee.~e.~t, Mor~~hr,.sd City Reba. - Ofuc :Dan dams, i~C Divisicn ci L.:nd 1'~saur~s . `... Ichn Suth~and, NC Divisiart of~Tater Resources ~ , Jci1n Dorng~, N~ Division of Water Quality; Raieigi~ ~ . N~ ~tT'erS, NC Division afl~lazine Fisherirs . Frank 1'1~c3ride, NC Wi1dI'ii'e It~vutces Commission . R~e,Cedhiil-f, NC D.ivisian af.Arc~ives aad LxistBry T~urres Sep NC Divisiasz of Errs~c~ 11~fanag~rt~t Tons Crzdle: NC Division ofErnergEac~ Mana~ertzeat , 5 6 Tara NC D"cvision of Fcf Mar:agemeat Tim Rovney,l~C DivisiaR °fEmc~,hiana~ ~Eg . PI~p L~sin~er, NC Dmsron of Erae~~ey ~rtmest l DE.~ARTME~VT OF THE ARMY WILMINCTaN DISTRICT, CARPS OF ENCiNt~.~S .. Pa aex ,Aso WIL.IAINGiCN, NCRTH C~RCUNA 28402-i 890 IN REF'tY AEA Construction-Operaticns Division May I4, I997 i1rlr. CTCorQe Rose, Town l~tana~er Town of Carolina B~erc:~ - 1121 North Lake Parlc Boulevard Carolina Beac:i, North Carolina ZS~_3, De^..r yir. Rase: T'nis letter is to inform you that your request far the use of Federal finds to restore the Federal dune and be.^n beech project within the Town of Carolina Be :ch has been denied by the Commander of the South Atlantic Division. T'ne reason for the de:ual is that there is oniv `a 12.~-percent chancy for afavorable benent-:o-cost ratio and the mobui,zation cost would be I~ 1 percent of the cast of the dredging.. Additionally, material loss due to hurt icane Fran is estimated at 152,000 csbic yards while the hisorical annual loss is ? x,000 csblc yards. T'nus. the project perrormed as desired with (ess than normal material loss. I rera~lize the value and importance of this project and pledge to diii~eztly wore wit:: you to restore the project under the "Project Cooperation :~see:ne.^.t" Current renourishme:~t is sc:~eduied for snrinQ 1998. If you have. any questions conc~^un~ this matter; please contact itiFr. Joe? Hena.r,.Y S inc~: ely, :~ Terry R JY~dungbl>st1 Colonel, ~ S. Army District Engine -158 c; ~~ ~ . o ~ ~~` ~ ~B?.RRY L. JOH`(SOtY EWIRONI~~NI'AL CONSULTING SERVICES 429 Camuvay Dr. • Wilmington, NC~ 28403 • phone !fax (910) 791-9361 • e-mail: johnsanb@isaacnet Fax Eena ~assemidou TQ= Price Waterhouse Froms Bang Johnson Fa~c (703) 741-1616 Pages: Phone: (703) 741-2100 Date: 05/19/98 Re: Cat. A Closeout information cc: [Click here and type name] D lJrgeet Q For Review D Please Comment Q Please Repfy ^ Please Recycle • Comments: Elena Yiassimidou, This fix is in reference to our conversations of inappropriately assigned invoices in the Cat B, DSR 95020 that should have been assigned to Cat. A, Debris Related, DSR 29173. The PO#1002, with the relative invoices, ~'s 286702 and 286703, with the requested check copy is attached. See also, faY cover prepared by itifr. JeffHarris, confirming that the use of.this rented escavazor was for ditch cie3ning and debris removal from rights of way. ,,. While requesting this informarion from ititr. Harris, he remarked on a recent conversation with you, des~ibing a discrepancy with the volumes of the T.B. Powell invoice for sand returned to the beach and.the Haul Log provided. .. The following is'an attempt to clarify some questions. There are 3 numbers that represent the sand volume resumed to beach, all independently ~ . determined. They are: the T.B. Powell Invoice X46, the H.L. Holmes Haul Log, and the Sherwin Cribb survey. T.B. Powell Invoice X46, was determined from tnui~ drivers end of day records for loads hauled. H.I.. Holmes Haul Log represents the town's records from truclts counted as they resumed to the bench. Sherwin Cnbb survey provides a volume based on as isidepetzcient Survey obtained on a representative section of the as built beam. For more de~T please see the `~1~Iarch 5,1998, Notes on the Sherwin Crmhb Survey...." found~~e,,, eaglnazing section of the supportive documentation in the Closeout Document y The numbers can be viewed from the ~aph provided. These numbers are e:~emely close considering the quantities involved. The item that is noteworthy is the fact that the i~oice 4b shows the lowest figure at 107,08 cubic yards. This implies that there was no overbilling related to the project. Plesse contact me to further discuss any of these items prepared for your review. Sincerely, 1 Barry L. Johnson Enclosures cc: Vir. Jeff Harris, Town of Carolina Beach 160 `l • ~ i o ~ ~ •U ~ ~ O N C >" ~ - C '~ ' E 3 z o a c~ ~ .n i ~ F- U ~ ^ DI v cv a~ m O .. C L ~ , ;! c 0 R _c m v D 0 cm G D O O O O O O O O O O O O O O O O O • O O O O O I OI O; O O O ~ I Q i O O •O O O O O O O O JI m! CV O O7 (D Q N O O (~ N N r r ~- r r O O Q' N O I i i U O O O fp ; O I f~ r r r r r r T r r r r T~ ~ 1 ayL ~ C, ~ 1 ~ M ! ~ ~ W ~ ' 3 _----- -• j o ? ~ o : vJ i:t=~c~l ~^'^!Q °i FEDERAL EMERGENCY MANAGEMENT AGENCY Reviei-v of the Town of Carolina Beach's . Category A DSRs Hurricane Fran May 15, 1998 `l DRAFT REPORT Contact Person: • ~ ~ Kevin Bacon, Principal (703) 741-1000 Partnership for Response and Recovery Price RTaterhouse LLP 1616 North Fort Myer Drive . Arlington, Virginia 22209 162 ~ -. __..` A Subcontractor to the Partnership. for~Response and Recovery adjust these costs for reasonableness: Therefore, we have considered the remaining $304,506 to be eligible for reimbursement because it served as the final disposal of the sand. 4. Topological Surveys ($1,740) As stated in Section I.D., the.Town monitored sand removal contractors for only a brief period. As a result, in December 1996, the Town hired Sherwin D. Cribb, a registered land surveyor, to perform two topological surveys; the first of a 300-foot typical berm section and the second of the sand stockpile at the sifting site. The Town procured these two surveys to estimate the amount of sand (a) used in the berm and (b) remaining at the sifting site. The Town used the surveys to approximate the amount of sand removed and hauled to the sifting site and verify the sand volumes billed by contractors. The Town incurred 51,740 for these two surveys. Even though the cost for these surveys is not provided for in a DSR, the 51,740 appears an eligible cost Since the Town did not have permanent staff available to record the daily sand volumes hauled, it would have to hire a temporary employee. Regular and overtime pay for such~an employee would be an eligible expense. The Town would have incurred at lest 51,920 in labor, costs for this temporary employee." Therefore, it was cost effective (even though not as accurate as daily monitoring) to conduct the surveys. Based on our review of the supporting documentation, the Town appears eligible for FEMA reimbursement in the amount of 51,740. B. Ineligible• Wark Items Based on our review and the applicable regulations, we identified 5302,768 in ineligible work activities. These include 574,168 related to the repair of the berm damaged by fall and spring storms following Hurricane Fran, and 5228,600 for the shaping of the two mile berm on the . beach. ,, 1. Non-~itirricane.Fr-an-Related Expenses (574,168) (Z) - As mentioned in the previous section, based on invoices, written and verbal explanations provided by the Town's former Interim Public Works Director, we identified $17,418 and $56,750 in non-Hurricane Fran related expenses. Between October 12 -December 7, 1996, T.B. Powell returned 5,806 cubic yards of clean sand at 53 per cubic yard for a cost of . $17,418. In addition; the Town rented equipment from T.B. Powell and Alpha America to~ repair the berm at a cost of $56,750. - According to Town officials, several northeasters struck Carolina Beach during the period following Hurricane Fran and eroded the berm. As a result, contractor and town personnel ~ Bazed on T.B. Powell invoices, sifting lasted a maximum of 48 days. At 8 hours a day and aL a SS ho 1 :~~ ~~ - ~ the Town would have incurred 51,920 in regular pay costs. Tire S1,920 does not even include overtime pay (l~cely since the sifting plant operand 10-12 hours a day) or benefits. - ~; Caroli~ra Beach. NC -Draft 12 P}iQenuse • ~ ~ "` repaired the berm to prevent further erosion. According to 44 CFR 206.223(a)(1), to be eligible for financial assistance, an item of work must be required as the result of the major disaster event Since the work and the costs were not a result of Hurricane Fran, the Town does not appear eligible for the $74,168. Table 5 itemizes these non-Hurricane Fran-related expenses: Table 5: Noa-Hurricane Fran-Related Expenses Contractor/ Vendor Invoice Number ~ ~ ~ Date .. ~~ Wont Period •_. ~ - ~='' - -- ~ Work Description ~~.. Amount:~ Billed. ~::.T T.B. Powell ( 46 12/08/96 10/12-12!07/96 Returning sand to beach 17,418.00 T.B. Powell. 9700018 ~ 04/17/97 ~ 04/11-05/11/97 Returning sand to beach 41,700.00 T.B. Powell ~ 9700020 06!09/97 ~ N/A Delivery and pickup of equipment 700.00 T.B. Powell ~ 6/11/97 05/11/97 ~ OS/l 1-06/11/97 Returning sand to beach ~ 8,100.00 Alpha America ~ 20003675 04/17/97 ~ 04!16-05/16/97 Loading sand returned to beach 650.01 Total 574,168.01 2. Berm Shaping (5223,600) <3 After dumping the clean sand on .the beach, T.B. Powell shaped the sand in place into a protective berm.. T.B.. Powell's Invoice R38, dated 1213/96, indicates that the contractor shaped 76,200 cubic yards of sand at 53 per cubic yard for a total cost of 5228,600. According to Town officials, the discrepancy between the amount of sand returned to the beach, 107,308 cubic yards, and the amount shaped, 76,200 cubic yards, results from the fact that T.B. Powell -did not (a) charge the Town to shape 9,361 cubic yards returned to the belch following Hurricane Josephine and the November 22, 1996 storm and (b) shape 21,747. cubic yards which were .placed at the tide line (the. tide would naturally perform adredging-like activity and shape the berm itself). According Co 44 CFR 206.~?6(h)(2), Work on an improved beach may be eligible under the following conditions: (i) The beach was constructed by the placement of sand (of proper grain size) to a designed elevation, width, and slope; and (ii) A maintenance program involving periodic renourishment of sand must have been. established, and adhered to by the applicant. In this case, Carolina Beach qualifies as an engineered beach in that it has a designed elevation, width, and slope and it has a regular maintenance program involving periodic rcnourishment. However, the Town of Carolina,Beach participates in the COE's beach • renourishment program. This program federally funds beach renourishment According to ~an agreement entered into• by the COE and the Town on July 29, 1994, ".periodic beach renourishment is estimated to be undertaken every three years" (Appendix J). According to the COE, in the event of major erosion, the Town may rcquest emergency berm assistance. In response, the COE will assess the, need for any emergency berm assistance pJ ~'~or to the regularly scheduled beach renourishment: Should the COE determine that n*~-r:°::' 16~! airs are nee the Town is to undertake such airs at its own expen:~_~:~_ .:.~; .~ . ~~;~'~-:' ~.~ ergency rep essary, rzp this instance the COE assessed the berm damages following Hurricane Fran and concluded Carolina Beach, NC • Drat? 13 p}~ ~tagzouse that the Town had not demonstrated an emergency need. COE stated, among other reasons, that: .. • the berm lost a relatively small amount of material," • .the probability of a severe storm occurring between the emergency rebuilding and the regularly scheduled renourishment was not high enough to warrant the emergency expenditure, and • the regular renourishment was approaching soon (i.e., Spring 1998). , Appendix K provides the COE's reasons for denying the Town's request for emergency berm assistance. Sind another Federal agency has responsibility for the berm on Carolina Beach and this Agency determined the berm shaping to be unnecessary to eliminate an immediate threat to health, life, and safety, this expense does not appear eligible for FEMA reimbursement. 44 CFR 206.226(a)(I) states Generally, disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a mayor disaster. In addition, FERIA notified the Town on Category B DSR 01050 that emergency shore protection work would not be eligible. Based on the regulations, COE's determination, and FEitifA's prior notification, the $228,600 to shape the berm appears ineligible for reimbursement. • C. Force Account Labor and Equipment The Town mobilized both force account labor. and force account equipment.for C&D debris removal and disposal in the aftermath of Hurricane Fran. FEtiIA approved DSR 29173 to provide for the Town's force account labor and equipment costs. However, the Town did not submit a claim for such cosu. According to Town officials, the Town did incur force account labor and equipment costs but did not capture the necessary information on its records to allow it to claim such costs for FE1l~1A reimbursement. ._.. _ _ 165 1) J" Eiowever, according to the COE's Action Officer in charge of the Carolina Beach damage assessment report; sections of the berm eroded below the 5-year protection elevation level. Carolura Beach. NC - Dra~1 14 ~ .:.. . 13ue grouse '. V. Conclusions and Recommendations Based on our review and the applicable regulations, we identified 51,439,848 in Category A costs that appeaz eligible. The following is a breakdown of the eligible costs: • $963,703 for C&D debris and sand removal and hauling, • $169,899 for sand sifting, $304,506 for final disposal of the sand to the beach, and • $1,740 for two topological surveys. Additionally, we identified $302,768 in ineligible work activities. These include 574,168 to repair the berm damaged by fall and spring storms following Hurricane Fran, and 5228,600 to shape the two mile berm on the beach. In summary, FEMA.has approved four Category A DSRs totaling 5462,152. Based on our review and the applicable regulations, the applicant appears eligible for 51,439,348. As a result, we recommend that FEv1A prepare a supplemental DSR in the amount of 5977,696 to cove: the Town of.Carolina Beech's, C&D debris and sand removal and disposal costs. 166 Carolina Beach, NC -Draft 15 ~~ vus~ ~ , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGiNEEAS P.O. BOX 1890 ' WILMINGTON, NORTH CAROLINA 28402-1890 wa~a~~ December 10, 1998 ~ E~~~' cc~„ Mr. Calvin R. Peck, Jr. Town Manager Town of Carolina Beach 1.121. North Lake Park Boulevard Carolina Beach, North Carolina 24428 Dear Mr. Peck: This responds to your letter of November 23, 1998, to Mr. Tom Jarrett recruesting an evaluation of the cost incurred by the Town of Carolina Beach to repair beach damages caused by Hurricane Fran in September 1996 and subsequent northeast sto rns that occurred later in the fall of 1996 and the spring of 1997. This request was prompted by directions the Town received from the Wilmington-New Hanover Port, Waterway and Beach Commission following the Town's request for financial assistance. The reimbursements being requested fall into two categories, namely, Fran and-:non-Fran related expenses. The Hurricane Fran related expenses-total $228,600 fcr i shaping 76,200 cubic yards of sand into a beach ber*.n at a unit cost of~$3.00 per cubic yard. .This cost was not included in reimbursements the Town received from the Federal Emergency Management Agency (FFMA) as they were deemed to be associated with maintenance of the Federal storm damage reduction project at Carolina Beach. In this regard, the cost sharing 'agreement between the Town of Carolina Beach and the .Federal Government for the store damage reduction project requires the Town to make certain post-storm repairs. These repairs include the returr. of overwash sand to the beach, placement of beach quality sand on the beach to replace that lost to the store, dune grass replacement, and the reshaping of the beach to as near its design conf igurati:on.as possible. Accordingly, the Town of Carolina Beach responded in a responsible manner to the beach damage caused by Hurricane Fran, and the unit cos t. for reshaping the, material returned to the beach of $3.00 per cubic yard is reasonable. The volume of material associated with the reshaping also appears reasonable as we had estimated approximately 150,000 . cubic yards of erosion from the project due to Hurricane Fran. The- non-Fran repair costs included $17,418 for returning _5.,806 cubic yards of overwash sand to. the beach at a unit cost of 00 per cubic yard and $56,750 for equipment rental to re 7 - """~~"~1~d~ama es in the beach berm. Again, the $3.00 unit cost for ~~" g returning the sand to the beach is reasonable. With regard to -2- e ui ment rental which included a bulldozer and the q p 3 dump trucks, we requested and you provided additional information on the amount of time the Town rented this equipment. Using the rental times provided, we made an independent estimate of the cost the Town should have incurred. ~0ur estimate was based on rental rates supplied by a local equipment rental company. Our .!estimate of the overall cost paid by the Town for the bulldozer and the dump trucks was within 2~percent of the actual cost a claimed by the Town. Accordingly, the cost for the repair of the berm seems reasonable. ' I hope that this evaluation of the costs the Town of Carolina Beach incurred fcllowing Hurricane Fran and subsequent non- tropical storms is helpful in your negotiations with the Wilmington-New Hanover Port, Waterway, and'Beach Commission. If this office my be of additional assistance, please contact Mr. Tom Jarrett, Chief of our Coastal, Hydrology, and Hydraulics Section, at (910) 251-4?5~. Sincerely, ~ ~~ C. Alex Morison, Jr., P.E. Chief, Technical Services Division a 168 - '~ .adjust these costs for reasonableness. Therefore, we have considered the remaining 5304,506 to be eligible'for reimbursement because it served as the final disposal of the sand. . . ' 4. To ological Surveys (51,740) - ' ~ ~~/ P As stated in Section LD., the Town monitored sand removal contractors for only a :brief , ' period. As a result, in December 1996, the Town hired Sherwin D. Cribb, a registered land surveyor, to perform two topological surveys; the~first of a X00-foot typical berm section and the second of the sand stockpile at the sifting site. The Town procured these two surveys to estimate the amount of sand (a) used in the berm and.(b) remaining at the sifting, site. The Town used the surveys to approximate the.amount of sand removed and hauled to the sifting site and verify the sand volumes billed by contractors. The Town incurred $1,740 for these two surveys. Even thougli~the cost for these surveys is not provided for in a DSR, the 51;740 appears an . eligible cost. Since the Town did not have permanent staff available to record the daily sand volumes hauled, it would have to hire a temporary employee. Regular and overtime pay for such an employee would be an eligible expense. The Town would have incurred at least $1,920 in labor costs for this temporary employee.," Therefore, it was cost effective (even though not as accurate as daily monitoring) to conduct the surveys. Based on our review of the supporting. documentation,-the Town appears, eligible .for FEv1A reimbursement in the , amount of 51,740. - ' Ineligible Work Items B. Based on our review and the applicable regulations, we identified $302,768 in ineligible`work activities. These include $74,168 related to the repair of the berm damaged by fall and spring storms following Hurricane Fran, and'S228,600 for the shaping of the two mile berm on the k . . .beach. 1: Non-Hurricane Frsn-Related Expenses (574,168) As mentioned in the previous section, based on invoices, written and verbal explanations provided by the Town's former Interim Public Works .Director, we identified 517,418 and $56,750 in non-Hurricane Fran related expenses. Between October 12 -December 7, 1996, T.B. Powell returned 5,806 cubic yards of clean sand at 53 per cubic yard for a cost of . $17,418. In addition, the Town rented equipment from T.B. Powell and Alpha America to .repair the berm at a cost of 556,750. a ' According to Town.officials, several northeasters struck Carolina Beach during the period ' "" following~Hiuricaiae Fran and eroded the berm. As a result, contractor and town personnel '. 1 7 OBased on T.B. Powell invoices, sifting lasted a maximum of 48 days. At 8 hours a day and.at a SS hou r_--.-.------r .: . the Town wou~d have incurred 51,920 in regular pay'costs. The 51,920 does not even include overtime p~; ~ ~. (likely since the sifting plant operated 10-12 hours a day) or benefits. Carolina Beach, NC -Draft 12. ,A-lQetpuse repaired the berm to prevent further erosion. According to~44 CFR 206.223(a)(1), to be eligible for frnancial.assistance, an item of work must be` required as the result of the major ~ disaster event.- Since the work and the costs were not a result of Hurricane Fran, the Town does not appear eligible for the 574,1`68. Table 5 itemizes these non-Hurricane Fran-related expenses: Table S: Non-Hurricane Fran-Related Expenses Contractor/ Vendor Invoice Number Date Work Period ~ - -Work Description Amount Billed T.B. Powell 46 12/08/96 10/12-1 J07/96 Returning sand to beach 17,418.00 T.B. Powell 9700013 04/17/97 04/11-0511 1/97 Returning sand to beach 41,700.00 T.B. Powell 9700020 06/09/97 N/A Delivery and pickup of equipment 700.00 T.B. Powell 6/1 1/97 OS/1 1/97 ~ OS/1 1-06/11/97 Returning sand to beach 8,100.00 :Alpha America 20003675 04/17/97 04/16-05/16/97 Loading sand returned to beach 6,250.01 Total 574,168.01 2 Bcrm Shapinb (5223,600) J ` After dumping the clean sand on the beach, T.B. Powell shaped the sand in place into a protective berm. T.B. Powell's Invoice rc38, dated 1?/3/96, indicates that the contractor - shaped 76,200 cubic yards of sand at 53 per cubic yard for a total cost of 5228,600. According to Town officials, the.discrepancy between the amount of sand returned to the . ~~ beach, 107,308 cubic yards, and the amount shaped, 76,200 cubic yards, results from the fact that T.B. Powell did not (a) charge the Town to shape 9,61 cubic yards returned to the beach following Hurricane Josephine and the November 22, 1996 storm and (b) shape 21,747 cubic yards which were placed at the tide line (the tide would naturally perform adredging-like activity and shape the berm itself). s According tti 44 CFR 206.226(h)(2), Work on an improved beach may be eligible under the following conditions: (i) The. beach was constructed by the placement of sand (of proper grain side) to a designed elevation, width, and slope; and (ii) A maintenance program involving 'periodic renourishment of sand must have been established and adhered to by the applicant. In this case, Carolina: Beach qualifies as an engineered beach in that it has a designed elevation, width,-and slope and it has a regular maintenance program involving periodic renourishment. However, the Town of Carolina Beach participates in the COE's beach . ` renourishment program. This program federally funds beach renourishment According town .agreement entered. into by the COE and the Town on July 29, 1994, "periodic beach renourishment is estimated to be undertaken-every three years" (Appendix J). According to the COE, in the event of major erosion, the Town may request emergency berm assistance. In response, the COE will assess the need for any emergency berm assistance - - ~ . ^^~r to the regulazly scheduled beach renourishment. Should the COE determine that no '~ ,rgency repairs are necessary,. the Town is to undertake such repairs at its own expens . I~'~ --- 'cane Fran and conclude this instance the COE assessed the berm damages followtng Hum _ , Carolina Beach, NC - Drab? 13 Bice ,~~ that the Town had not demonstFated an emergency need. COE stated, among other reasons, that: • the berm lost a relatively small amount of material,14 • the probability of a severe storm occurring between the emergency rebuilding and the regulazly scheduled renourishment was not high enough to warrant the emergency expenditure, and • the regularrenourishment was approaching soon (i.e., Spring 1998).. Appendix K provides the COE's reasons for denying the Towri's request for emergency berm assistance. Since another Federal agency has responsibiliry for the berm on Carolina Beach and this Agency determined the berm shaping to be unnecessary'to eliminate an immediate .threat to health,. life, and safety, this expense does not appear eligible for FEMA reimbursement.. 44 CFR ?06.226(a)(1) states Generally,. disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster. In addition, FEMA notified the Town on Category B DSR 01050 that emergency shore protection work would not be eligible. Based on the regulations, COE's determination, and FEvh's prior notification, the X228,600 to shape the berm appears ineligible for reimbursement. C. Force ~-account Labor crud Equipment The Town mobilized both force account labor and force account equipmerit,for C&D debris removal and disposal in the. aftermath. of Hurricane Fran. FEYIA approved DSR 29173 to . provide for the Town's force account labor and equipment costs. However, the Town did not submit a claim for such costs. According to Town officials, the Town did incur force account labor and equipment costs but did not capture the necessary information on its records to allow it to claim such costs for FEMA reimbursement. 1 ' owever, accordin to'the COE's Action Officer in ch a of the Carolina Beach dams a assessment rc o g ~ ~ p rt, sections of the berm eroded below the 5-year protection elevation level. Carolina Beach, NC -Draft 14 ~ ~~ mouse n